UNITED STATES EX REL. CUMMINGS v. McMANN

No. 719, Docket 33479.

429 F.2d 1295 (1970)

UNITED STATES of America ex rel. Michael CUMMINGS, Appellant, v. Daniel McMANN, Warden of Auburn State Prison, Auburn, N. Y., Appellee.

United States Court of Appeals, Second Circuit.

Decided June 30, 1970.


Attorney(s) appearing for the Case

Stephen E. Banner, New York City, for appellant.

Lillian Z. Cohen, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., of the State of New York, New York City, and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City), for appellee.

Before MOORE and SMITH, Circuit Judges, and WEINFELD, District Judge.


PER CURIAM:

Michael Cummings was indicted for murder in the second degree after he stabbed to death an acquaintance in a barroom fight. He first entered a plea of not guilty, but subsequently changed the plea to guilty upon a plea bargain which allowed the charge to be lowered to first degree manslaughter. He was represented by court-appointed counsel throughout the proceedings, and both appellant and counsel were heard at the time the plea was taken and at the sentencing...

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