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UNITED STATES EX REL. WILLBRIGHT v. SMITH

No. 81 Civ. 6574 (RWS).

564 F.Supp. 396 (1982)

UNITED STATES of America ex rel. Theodore WILLBRIGHT, Petitioner, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Attica, New York, Respondent.

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

November 15, 1982.

Attorney(s) appearing for the Case

Henry Putzel, III, New York City, for petitioner.

Carl A. Vergari, Dist. Atty. for Westchester County, White Plains, N.Y., for respondent; Felix R. De Vito, John R. Dinin, Asst. Dist. Attys., White Plains, N.Y., of counsel.

OPINION

SWEET, District Judge.

Theodore Willbright ("Willbright") filed this habeas corpus petition in September 1981, claiming that his plea of guilty in state court was invalid because the court "failed to make any factual inquiry of Willbright concerning his conduct which gave rise to the factual basis for the guilty plea." The petition was referred to Magistrate Nina Gershon who, in her Report and Recommendation dated July 23, 1982, concluded that Willbright...

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