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UNITED STATES EX REL. FRANCO v. TERNULLO

No. 75 Civ. 4629.

413 F.Supp. 801 (1976)

UNITED STATES of America ex rel. Francisco FRANCO, Petitioner, v. Vito TERNULLO, Superintendent, Matteawan State Hospital, Beacon, New York, Respondent.

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

May 10, 1976.

Attorney(s) appearing for the Case

Francisco Franco, pro se.

Louis J. Lefkowitz, Atty. Gen., State of New York, New York City, for respondent; Barbara Shore Resnicoff, Asst. Atty. Gen., New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, appearing pro se, seeks to void his state court conviction entered upon his plea of guilty, pursuant to which he is presently confined at Green Haven Correctional Facility, on the ground that he was mentally incompetent at the time of the plea and sentence. The state court decided the issue adversely to petitioner after a full evidentiary hearing and the decision was affirmed by the Appellate Division...

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