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UNITED STATES EX REL. AMUSO v. LaVALLEE

No. 720, Docket 34488.

427 F.2d 328 (1970)

UNITED STATES ex rel. Victor AMUSO, Petitioner-Appellant, v. J. Edwin LaVALLEE, Warden, Clinton State Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 1, 1970.

Attorney(s) appearing for the Case

Marvin B. Segal, New York City (Segal & Hundley and William Frappollo, New York City, on the brief), for appellant.

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

Before SMITH and ANDERSON, Circuit Judges, and BARTELS, District Judge.

PER CURIAM:

The petitioner, indicted for attempted robbery and attempted larceny, both in the first degree, and some related charges, was placed on trial in the Supreme Court of New York in 1962. After both sides had rested, a discussion ensued between defense counsel and the prosecutor, as the result of which the accused agreed to plead guilty to the reduced charge of attempted robbery in the third degree and the prosecutor agreed to accept the plea in disposition...

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