UNITED STATES EX REL. SUGGS v. LA VALLEE

No. 1042, Docket 75-2049.

523 F.2d 539 (1975)

UNITED STATES of America ex rel. John SUGGS, Petitioner-Appellee, v. J. Edwin LA VALLEE, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 7, 1975.


Attorney(s) appearing for the Case

David R. Spiegel, 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.

Judson A. Parsons, Jr., New York City (Robert J. Costello, New York City, on the brief), for petitioner-appellee.

Before FEINBERG, TIMBERS and VAN GRAAFEILAND, Circuit Judges.


TIMBERS, Circuit Judge:

The State of New York appeals from an order entered February 25, 1975 in the Southern District of New York, Kevin T. Duffy, District Judge, 390 F.Supp. 383, on a state prisoner's petition for a writ of habeas corpus, vacating his pleas of guilty and directing that the writ issue in sixty days unless the prisoner is permitted to replead in the state court within that time.

With the benefit...

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