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UNITED STATES EX REL. COOPER v. ZELKER

No. 71 Civ. 3305.

339 F.Supp. 410 (1972)

UNITED STATES of America ex rel. Franklin COOPER, Petitioner, v. Hon. John L. ZELKER, Superintendent of Green Haven Correctional Facility, Stormville, New York, Respondent.

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

February 17, 1972.

Attorney(s) appearing for the Case

Franklin Cooper, pro se.

Louis J. Lefkowitz, Atty. Gen. of N. Y., New York City, for respondent; Benton J. Levy, Asst. Atty. Gen., of counsel.

EDWARD WEINFELD, District Judge.

Petitioner, indicted for murder in the first degree and robbery in the first degree, entered a plea of guilty to murder in the second degree in satisfaction of both charges. The plea was accepted only after the court had questioned petitioner and was satisfied that it was voluntarily and understandingly entered, and that in fact he was engaged in the commission of a felony when the alleged homicide was committed. On October 21, 1958...

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