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MOSHER v. LAVALLEE

No. 58, Docket 73-1354.

491 F.2d 1346 (1974)

Robert Steven MOSHER, Petitioner-Appellee, v. J. Edwin LAVALLEE, Superintendent, Clinton Correctional Facility, Dannemora, New York, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 8, 1974.

Certiorari Denied April 1, 1974.

Attorney(s) appearing for the Case

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

Michael Meltsner, New York City, for petitioner-appellee.

Carl A. Vergari, Dist. Atty. of Westchester County, Janet Cunard, Senior Asst. Dist. Atty., and Jon Willcox, Asst. Dist. Atty., White Plains, N. Y., for amicus curiae.

Before WATERMAN, FRIENDLY, and TIMBERS, Circuit Judges.

Certiorari Denied April 1, 1974. See 94 S.Ct. 1611.

PER CURIAM:

On this appeal from an order entered in the Southern District of New York, Frederick van Pelt Bryan, District Judge, granting a state prisoner's petition for a writ of habeas corpus after an evidentiary hearing, the essential issue is the correctness of the district court's conclusion that the prisoner's guilty plea must be vacated because it was involuntarily entered or because the prisoner was...

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