1. Home
  2. Browse Decisions
  3. F.2d
  4. 461 F.2d
  5. 461 F.2d 601 (1972)
 

UNITED STATES EX REL. FITZGERALD v. LaVALLEE

No. 681, Docket 72-1085.

461 F.2d 601 (1972)

UNITED STATES ex rel. Eugene FITZGERALD, Petitioner-Appellee, v. E. J. LaVALLEE, Superintendent, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 23, 1972.

Attorney(s) appearing for the Case

John G. Proudfit, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondent-appellant.

Charles H. Fier, Brooklyn, N. Y., for petitioner-appellee.

Before KAUFMAN, ANDERSON and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

Following an evidentiary hearing the district court granted the application of petitioner, a state prisoner, for a writ of habeas corpus on the ground that his 20-year old plea of guilty to an indictment in the Supreme Court, Kings County, charging him with attempted violation of § 1751 of the former Penal Law, McKinney's Consol.Laws, c. 40 (relating to possession of heroin) was involuntary. Judge Weinstein found that

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases