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UNITED STATES EX REL. CLEVELAND v. CASSCLES

No. 713, Docket 73-1139.

479 F.2d 15 (1973)

UNITED STATES of America ex rel. Arnold CLEVELAND, Relator-Appellee, v. J. Leland CASSCLES, Superintendent of Great Meadow Correctional Facility, Comstock, New York, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 25, 1973.

Attorney(s) appearing for the Case

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

Howard L. Ganz, New York City, for relator-appellee.

Before CLARK, Associate Justice, and WATERMAN and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

In this habeas corpus proceeding, petitioner Arnold Cleveland sought the writ from the United States District Court for the Southern District of New York on the ground that, after a guilty plea in the Supreme Court, New York County, he had been denied due process of law because of the manner in which a ten-year state sentence had been imposed. After a hearing in the district court, Judge Marvin E. Frankel granted the writ unless the state...

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