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UNITED STATES EX REL. SCOTT v. MANCUSI

No. 319, Docket 33375.

429 F.2d 104 (1970)

UNITED STATES of America ex rel. Charles F. SCOTT, Petitioner-Appellee, v. Vincent R. MANCUSI, Warden, Attica Prison, Attica, New York, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 6, 1970.

Attorney(s) appearing for the Case

Herald Price Fahringer, Buffalo, N. Y., for petitioner-appellee.

Joel Lewittes, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of N. Y., and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellant.

Before LUMBARD, Chief Judge, ANDERSON, Circuit Judge, and BRYAN, District Judge.

LUMBARD, Chief Judge:

The State of New York appeals from an order of the Western District which granted relator Charles Scott's petition for a writ of habeas corpus after a hearing. Scott claimed that his conviction, entered on a plea of guilty to manslaughter in the second degree, and his subsequent sentence to 7½ to 15 years in Attica State Prison, was invalid because (1) his plea was involuntary as it was induced by the assurances given to him by his own counsel...

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