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UNITED STATES v. McKENDRICK

No. 245, Docket 32818.

433 F.2d 1371 (1970)

UNITED STATES of America ex rel. Carlos BRISTOL, Petitioner-Appellant, v. Charles McKENDRICK, Warden of Wallkill Prison, Wallkill, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 30, 1970.

Attorney(s) appearing for the Case

George A. Davidson, New York City, for petitioner-appellant.

Mortimer Sattler, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of N. Y., and Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondent-appellee.

Before FRIENDLY, SMITH and ANDERSON, Circuit Judges.

PER CURIAM:

Petitioner Carlos Bristol is presently serving a New York sentence of twenty years to life imposed upon conviction after a plea of guilty to murder in the second degree. After exhausting state remedies, he applied to the District Court for the Southern District of New York for a writ of habeas corpus, seeking release on the grounds that his guilty plea was involuntary and that by accepting his plea in the absence...

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