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UNITED STATES EX REL. SANNEY v. MONTANYE

No. 709, Docket 73-2534.

500 F.2d 411 (1974)

UNITED STATES of America ex rel. Harry L. SANNEY, Petitioner-Appellant, v. Hon. Ernest L. MONTANYE, Superintendent Attica Correctional Facility, Attica, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 20, 1974.

Certiorari Denied November 18, 1974.

Attorney(s) appearing for the Case

Herman Schwartz, Amherst, N. Y. (Edward I. Koren, New York Civil Liberties Union, Amherst, N.Y., of counsel), for petitioner-appellant.

Margery Evans Reifler, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., of N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for respondent-appellee.

Before ANDERSON, FEINBERG and MANSFIELD, Circuit Judges.

Certiorari Denied November 18, 1974. See 95 S.Ct. 506.

MANSFIELD, Circuit Judge.

Petitioner Harry L. Sanney is presently serving a five to ten year sentence in the Attica Correctional Facility based on his plea of guilty in the Niagara County Court on May 25, 1970, to a charge of assault in the first degree. He challenges that conviction and the underlying indictment on the ground that they were the product of incriminating statements which he was compelled...

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