UNITED STATES EX REL. CARUTH v. LaVALLEE

No. 842, Docket 72-1484.

464 F.2d 449 (1972)

UNITED STATES of America ex rel. Clarence Darrow CARUTH, Petitioner-Appellee, v. J. Edwin LaVALLEE, Superintendent, Clinton Correctional Facility, Clinton, New York, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 3, 1972.


Attorney(s) appearing for the Case

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

Hillel Hoffman, Asst. Atty. Gen. of State of New York, New York City (Louis J. Lefkowitz, Atty. Gen. of State of New York, and Samuel A. Hirshowitz, First Asst. Atty. Gen. of State of New York, New York City, on the brief), for respondent-appellant.

Before LEVENTHAL, FEINBERG and TIMBERS, Circuit Judges.


TIMBERS, Circuit Judge:

These appeals seek to present once again the question whether the equal protection clause of the Fourteenth Amendment requires that a defendant, who has been convicted of a crime under New York law upon his plea of guilty, be advised of his right to appeal, including the right to have his appeal prosecuted by court appointed counsel and without expense to the defendant if he is indigent. In view of the State's concession referred to...

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