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UNITED STATES EX REL. SANNEY v. MONTANYE

Civ. No. 1972-328.

352 F.Supp. 947 (1973)

UNITED STATES of America ex rel. Harry L. SANNEY, Petitioner, v. Ernest L. MONTANYE, Warden of Attica Correctional Facility, Attica, New York, Respondent.

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

January 17, 1973.

Attorney(s) appearing for the Case

Herman Schwartz, Buffalo, N. Y., for petitioner.

Louis J. Lefkowitz, Atty. Gen., State of N. Y. (Bedros Odian, Buffalo, N. Y., of counsel), for respondent.

CURTIN, District Judge.

At the outset, the instant case presents the question whether petitioner's plea of guilty in the state court forecloses him from challenging the constitutionality of the means by which an incriminating statement was obtained from him.

By Indictment No. 2284-A, petitioner was charged in Niagara County in 1966 with the crime of manslaughter in the first degree. He moved to dismiss the indictment...

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