United States ex rel. Garcia v. Fay

WEINFELD, District Judge.

Petitioner, now serving his sentence of two and a half to five years at Green Haven Prison, Stormville, New York, imposed pursuant to a judgment of conviction entered in the County Court, Bronx County, State of New York, upon his plea of guilty of attempted possession of narcotics with intent to sell, seeks his immediate release. He contends that the judgment of conviction is void for violation of his right to due process of law under the Fourteenth Amendment of the United States Constitution. The petitioner’s attack upon the validity of the judgment of conviction is…