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UNITED STATES EX REL. MARTINEZ v. MANCUSI

No. 406, Docket 71-1851.

455 F.2d 705 (1972)

UNITED STATES of America ex rel. John MARTINEZ, Relator-Appellant, v. Vincent R. MANCUSI, Warden of Attica State Prison, Attica, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 26, 1972.

Attorney(s) appearing for the Case

William C. Pelster, New York City, for relator-appellant.

Ilene J. Slater, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., of the State of New York, and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for respondent-appellee.

Before FRIENDLY, Chief Judge, and MOORE and OAKES, Circuit Judges.

MOORE, Circuit Judge:

Relator-appellant, John Martinez (Martinez), appeals from an order denying without a hearing his petition for a writ of habeas corpus wherein he sought to review a judgment of conviction entered in the County Court of Monroe County, New York, upon his plea of guilty to the Class C felony (second degree) of selling a dangerous drug.1

Martinez challenges the validity of his conviction, claiming that his...

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