Legal Opinion
United States ex rel. Hoover v. New York
District Court, S.D. New York
Decided March 28, 1979No. 77 Civ. 2529 (JMC)PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM DECISION
CANNELLA, District Judge:
Petition for a writ of habeas corpus is denied. 28 U.S.C. § 2254.
*482Pursuant to an Order of the Court, United States Magistrate Leonard Bernikow conducted an evidentiary hearing and submitted proposed findings of fact accompanied by a recommendation that the writ be granted. The Magistrate found that petitioner’s state court plea of guilty to robbery in the first degree, was involuntary because petitioner was unaware of the elements of that crime.
Respondent filed objections to the Magistrate’s report and asserted that the writ should be denied because…
2Cases cited24 opinions
- Wainwright v. SykesSupreme Court of the United States · 1977
- Henderson v. MorganSupreme Court of the United States · 1976
- People v. NixonNew York Court of Appeals · 1967
- People v. SerranoNew York Court of Appeals · 1965
- Arthur Richard Gates v. Robert J. Henderson, Superintendent, Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1978
19 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Edward C. Forman v. Harold J. Smith, Superintendent, Attica Correctional Facility, RespondentCourt of Appeals for the Second Circuit · 1980
- Caldarola v. QuickDistrict Court, E.D. New York · 1983