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GUNN v. KUHLMAN

No. 79 Civ. 1011.

479 F.Supp. 338 (1979)

Arthur F. GUNN, Petitioner, v. Mr. KUHLMAN, Superintendent, Woodbourne Correctional Facility, Respondent.

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

October 10, 1979.

Attorney(s) appearing for the Case

Arthur F. Gunn, pro se.

Robert Abrams, Atty. Gen. of the State of New York, New York City, for respondent; Paul E. Milbauer, Asst. Atty. Gen., New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, now serving an indeterminate sentence of up to fifteen years imposed after his plea of guilty to attempted rape in the first degree entered in the Albany County Court, New York State, seeks his release by a federal writ of habeas corpus. He contends that the judgment of conviction is constitutionally void because (1) the trial judge refused to permit the withdrawal of his plea of guilty, and (2) he was...

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