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UNITED STATES EX REL. CURTIS v. ZELKER

No. 900, Docket 72-1536.

466 F.2d 1092 (1972)

UNITED STATES of America ex rel. Albert CURTIS, Petitioner-Appellee, v. Hon. John ZELKER, Superintendent of Green Haven Correctional Facility, Stormville, New York, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 17, 1972.

Attorney(s) appearing for the Case

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

Daniel R. Murdock, New York City (Michael R. Dacey, New York City, of counsel), for petitioner-appellee.

Before FRIENDLY, Chief Judge, and MANSFIELD and MULLIGAN, Circuit Judges.

MANSFIELD, Circuit Judge:

The Superintendent of New York's Green Haven Correctional Facility at Stormville, New York, appeals from a judgment of the district court for the Southern District of New York granting a writ of habeas corpus pursuant to 28 U.S.C. § 2254 to Albert Curtis, a state prisoner serving a sentence of from 20 years to life as a result of his plea of guilty to second degree murder in 1963, on the ground that his guilty plea was not knowingly...

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