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UNITED STATES EX REL. ROSNER v. WARDEN, S. S. P., ETC.

No. 928, Docket 75-2010.

520 F.2d 1206 (1975)

UNITED STATES ex rel. Nancy ROSNER, on behalf of Frank Ciappetta, Appellant, v. WARDEN, SING SING PRISON, OSSINING, NEW YORK, Appellee.

United States Court of Appeals, Second Circuit.

Decided July 24, 1975.

Attorney(s) appearing for the Case

Nancy Rosner, New York City (Rosner, Fisher & Scribner, New York City, of counsel), for appellant.

Arlene Silverman, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for appellee.

Before FEINBERG, TIMBERS and VAN GRAAFEILAND, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

On June 15, 1954, petitioner and four other youths were indicted by the Grand Jury of Bronx County for the crime of murder in the first degree. All five pleaded not guilty and proceeded to trial. On May 5, 1955, during the course of the trial, petitioner pleaded guilty to a reduced charge of second degree murder. We are now confronted with his contention that this plea was not made intelligently and with knowledge of the consequences...

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