United States Ex Rel. Anolik v. Commissioner of Correction

OPINION

BONSAL, District Judge.

Petitioner, Sheldon Selikoff, presently in a New York correctional institution, seeks a writ of habeas corpus pursuant to Section 2254 of Title 28 of the United States Code on the ground that the trial judge refused to fulfill his “unconditional promise,” made to petitioner on the record at the time petitioner pled guilty, that no incarceration would be imposed.

Facts

On May 12, 1972, four days after the eommencment of the trial of petitioner and several co-defendants on one of three indictments arising out of a complicated alleged real estate “swindle,” petitioner…