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UNITED STATES EX REL. MACHADO v. WILKINS

No. 278, Docket 29400.

423 F.2d 385 (1970)

UNITED STATES of America ex rel. Richard MACHADO, Appellant, v. Honorable Walter H. WILKINS, Warden of Attica State Prison, Attica, N. Y., Respondent.

United States Court of Appeals, Second Circuit.

Decided March 13, 1970.

Attorney(s) appearing for the Case

Harry C. Batchelder, Jr., Robert E. Wagenfeld, Milton Adler, New York City, for appellant.

Murray Sylvester, Asst. Atty. Gen., Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., State of New York, for appellee.

Before WATERMAN, HAYS and FEINBERG, Circuit Judges.

WATERMAN, Circuit Judge:

In 1954 the petitioner in this habeas corpus proceeding was convicted in the Superior Court of Los Angeles, California, of assault with intent to commit rape. Pursuant to a California statute1 which permits the record of a criminal conviction to be expunged if good behavior follows, the California court "suspended" proceedings and sentenced Machado to seven years probation, of which the first six months were to...

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