UNITED STATES EX REL. CANNON v. SMITH

Civ. No. 1970-535.

388 F.Supp. 1201 (1975)

UNITED STATES of America ex rel. Alton CANNON, Petitioner, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Attica, New York, Respondent.

United States District Court, W. D. New York.

February 20, 1975.


Attorney(s) appearing for the Case

William H. Gardner, Buffalo, N. Y., and Frederick A. Provorny, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen., of N. Y. (Bedros Odian, Buffalo, N. Y., of counsel), for respondent.


CURTIN, Chief Judge.

This matter was initially before the late Chief Judge John O. Henderson. Petitioner submitted a pro se application for a writ of habeas corpus, alleging that his 1969 conviction for first degree rape in Monroe County Court was unconstitutionally obtained. In 1972 Judge Henderson denied the petitioner's application, without a hearing, on the merits. After timely notice was filed, an appeal was taken...

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