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MOSHER v. LaVALLEE

No. 71 Civ. 707.

351 F.Supp. 1101 (1972)

Robert Steven MOSHER, Petitioner, v. J. Edwin LaVALLEE, Superintendent, Clinton Correctional Facility, Dannemora, New York, Respondent.

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

December 7, 1972.

Attorney(s) appearing for the Case

Michael Meltsner, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen. of State of New York, Albany, N. Y., for respondent; Robert S. Hammer, Asst. Atty. Gen., New York City, of counsel.

OPINION

FREDERICK van PELT BRYAN, District Judge:

Robert S. Mosher, now petitioning this Court for a writ of habeas corpus, is presently serving a 40 to 60-year sentence of imprisonment imposed by the County Court of Westchester County, New York, on July 9, 1964.1 Mosher was sentenced as a second felony offender on a plea of guilty to a count of armed robbery in the first degree.

Mosher urges that his plea of guilty was...

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