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UNITED STATES EX REL. MASSEY v. FOLLETTE

No. 70 Civ. 788.

320 F.Supp. 5 (1970)

UNITED STATES of America ex rel. Arthur MASSEY, Petitioner, v. Hon. H. W. FOLLETTE, Warden, Green Haven State Prison, Stormville, New York, Respondent.

United States District Court, S. D. New York.

August 4, 1970.

Attorney(s) appearing for the Case

Arthur Massey, pro se.

Louis J. Lefkowitz, Atty. Gen., New York State, by Benton J. Levy, New York City, for respondent; Charles F. Kenny, New York City, of counsel.

OPINION

EDELSTEIN, District Judge.

This application for a writ of habeas corpus1 is predicated upon the circumstances surrounding petitioner's change of plea from not guilty to a charge of first degree rape2 to a plea of guilty to second degree rape,3 for which petitioner is currently serving a sentence of 8 to 10 years as a...

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