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CAPUTO v. HENDERSON

No. 944, Docket 76-2009.

541 F.2d 979 (1976)

Vincent CAPUTO, Petitioner-Appellant, v. Robert J. HENDERSON, Superintendent, Auburn Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 3, 1976.

Attorney(s) appearing for the Case

Allen M. Kranz, Legal Aid Society of Nassau County, Mineola, N. Y. (James J. McDonough, Matthew Muraskin, Legal Aid Society of Nassau County, Mineola, N. Y., of counsel), for petitioner-appellant.

David L. Birch, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for respondent-appellee.

Before LUMBARD, WATERMAN and MESKILL, Circuit Judges.

MESKILL, Circuit Judge.

Vincent Caputo appeals from an order of the United States District Court for the Eastern District of New York, Weinstein, J., denying his petition for a writ of habeas corpus. On appeal, Caputo contends that his guilty pleas in a state criminal prosecution must be vacated as neither voluntarily nor knowingly entered because the trial court misinformed him about sentencing alternatives just prior to his entering his plea. Because we perceive...

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