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UNITED STATES v. MALINSKY

No. 70 Civ. 230.

310 F.Supp. 523 (1970)

UNITED STATES of America, v. Morris MALINSKY, Defendant.

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

March 5, 1970.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty. for Southern District of New York, New York City, for United States of America; Harold F. McGuire, Jr., Asst. U. S. Atty., of counsel.

H. Elliot Wales, New York City, for defendant.

OPINION

EDWARD WEINFELD, District Judge.

This is a motion pursuant to section 2255 of Title 28 to vacate a judgment of conviction entered May 15, 1957, upon petitioner's plea of guilty while represented by counsel. He was sentenced to a term of imprisonment for three years. The motion is made thirteen years after the plea was entered before the late Judge William B. Herlands, eight months after he passed away...

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