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UNITED STATES EX REL. HILL v. TERNULLO

No. 526, Docket 74-2351.

510 F.2d 844 (1975)

UNITED STATES of America ex rel. Michael HILL, Petitioner-Appellant, v. Vito TERNULLO, Superintendent, Elmira Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 10, 1975.

Attorney(s) appearing for the Case

William Epstein, New York City (William J. Gallagher, The Legal Aid Society, Federal Defender Services Unit, New York City), for petitioner-appellant.

Margery Evans Reifler, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., Barbara Ann Shore, Asst. Atty. Gen., of counsel), for respondent-appellee.

Before SMITH, OAKES and TIMBERS, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Michael Hill seeks release by way of a writ of habeas corpus from his current incarceration by the State of New York. Without conducting an evidentiary hearing, United States District Judge Harold P. Burke of the Western District of New York denied, on October 5, 1974, Hill's petition for the writ. On appeal, the petitioner argues, as he did in the district court, that his confinement is unlawful because it is based upon a plea of guilty...

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