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UNITED STATES EX REL. CARTER v. LaVALLEE

No. 713, Docket 35379.

441 F.2d 620 (1971)

UNITED STATES of America ex rel. Fred CARTER, Petitioner-Appellant, v. Hon. J. Edwin LaVALLEE, Warden, Clinton Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 14, 1971.

Attorney(s) appearing for the Case

Ronald H. Alenstein, New York City, for petitioner-appellant.

Michael Colodner, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondent-appellee.

Before WATERMAN, SMITH and KAUFMAN, Circuit Judges.

PER CURIAM:

This is an appeal from an order of the United States District Court for the Eastern District of New York, John F. Dooling, Jr., Judge, denying after a hearing petitioner-appellant's petition for a writ of habeas corpus. The appellant seeks to challenge the legality of his conviction following a guilty plea in the Supreme Court of Kings County, New York to robbery in the third degree on June 15, 1965. He was sentenced as a third felony offender to six and...

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