UNITED STATES EX REL. DUNN v. CASSCLES

No. 671, Docket 73-2321.

494 F.2d 397 (1974)

UNITED STATES ex rel. Raynard DUNN, Appellant, v. J. Leland CASSCLES, Superintendent, Comstock Correctional Facility, Appellee.

United States Court of Appeals, Second Circuit.

Decided March 25, 1974.


Attorney(s) appearing for the Case

John A. Keeffe, New York City (Keeffe & Costikyan, New York City on the brief), for appellant.

John Proudfit, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of N.Y.; Samuel A. Hirshowitz and Iris A. Steel, Asst. Attys. Gen. of counsel), for appellee.

Before MOORE, HAYS and OAKES, Circuit Judges.


OAKES, Circuit Judge:

This appeal by a prisoner in state custody is from a denial of a writ of habeas corpus under 28 U.S.C. § 2254. Appellant alleges that his plea of guilty in Supreme Court, Bronx County, New York, to the crime of robbery in the third degree, NYPL § 160.05, was constitutionally invalid. The court below asserted that the appellant's claim of invalidity was based on an assertion of his innocence...

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