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UNITED STATES EX REL. B. v. SHELLY

No. 69-C-304.

305 F.Supp. 55 (1969)

UNITED STATES ex rel. Stephen J. B., Petitioner, v. Joseph A. SHELLY, Chief Probation Officer Probation Department, Supreme Court, 2d Judicial Department, Kings County, New York, Respondent.

United States District Court E. D. New York.

July 16, 1969.

Attorney(s) appearing for the Case

William Cahn, Dist. Atty. of Nassau County, Mineola, N. Y., for respondent.

James J. McDonough, Attorney-in-Charge, Legal Aid Society of Nassau County, Criminal Div., Mineola, N. Y., for petitioner, Matthew Muraskin, Mineola, N. Y., of counsel.

MEMORANDUM AND ORDER

WEINSTEIN, District Judge.

Petitioner was convicted of being a Youthful Offender by the Nassau County Court on November 1, 1969. The conviction—his first—was obtained upon a plea of guilty after the trial judge had determined, in a hearing held pursuant to People v. Huntley, 15 N.Y.2d 72, 255 N.Y.S.2d 838, 204 N.E.2d 179 (1965), that certain statements and confessions made by the relator...

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