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UNITED STATES EX REL. ROLDAN v. FOLLETTE

No. 1, Docket 35061.

450 F.2d 514 (1971)

UNITED STATES of America ex rel. Nester ROLDAN, Petitioner-Appellant, v. Harold W. FOLLETTE, Warden of Greenhaven Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 28, 1971.

Attorney(s) appearing for the Case

Phylis Skloot Bamberger, New York City (Robert Kasanof, The Legal Aid Society, New York City, on the brief), for petitioner-appellant.

Amy Juviler, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before KAUFMAN, ANDERSON and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

Appellant Nester Roldan, three times convicted of second degree murder, argues that the failure to advise him of his right to appeal in forma pauperis from his plea of guilty to the last of these killings entitles him to federal habeas corpus relief. Appellant asks us to extend to appeals from guilty pleas the rationale of our decision in United States ex rel. Smith v. McMann, 417 F.2d 648 (1969) (...

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