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AKINS v. SMITH

No. 79 Civ. 3684(MP).

480 F.Supp. 248 (1979)

William AKINS, Petitioner, v. Harold SMITH, Superintendent, Attica Correctional Facility, Respondent.

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

November 26, 1979.

Attorney(s) appearing for the Case

Theodore Krieger, Westport, Conn., for petitioner.

Robert Abrams, Atty. Gen., by Nancy B. Bensal, Deputy Asst. Atty. Gen. and Charles A. Bradley, Asst. Atty. Gen., New York City, for respondent.

DECISION

POLLACK, District Judge.

This habeas corpus petition under 28 U.S.C. § 2254 was filed in the Western District of New York by a state prisoner confined in the Attica Correctional Facility pursuant to a conviction in New York County Supreme Court on a plea of guilty to charges of robbery in the first degree. The petitioner seeks to vacate the plea entered on June 9, 1976 on the ground he was misled by presumably made but unrequited plea-bargained...

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