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UNITED STATES EX REL. SANNEY v. MONTANYE

Civ. No. 1972-328.

364 F.Supp. 905 (1973)

UNITED STATES of America ex rel. Harry L. SANNEY, Petitioner, v. Ernest L. MONTANYE, Warden of Attica Correctional Facility, Attica, New York, Respondent.

United States District Court, W. D. New York.

October 9, 1973.

Attorney(s) appearing for the Case

Herman Schwartz, Edward I. Koren, Buffalo, N. Y., for petitioner.

Louis J. Lefkowitz, Atty. Gen., of the State of New York (Bedros Odian, Buffalo, N. Y., of counsel), for respondent.

CURTIN, District Judge.

This case involves a petition for a writ of habeas corpus filed by a state prisoner. In a previous decision reported at 352 F.Supp. 947, D.C., the court discussed the state proceedings in the case and held that petitioner was entitled to raise his claims in this court notwithstanding his entry of a plea of guilty in the state trial court.

Before proceeding to the merits, one additional point on...

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