United States Ex Rel. Lavelle v. Fay

AUGUSTUS N. HAND, Circuit Judge.

The relator sought a writ of habeas corpus in the District Court for the Southern District of New York on the ground that his present New York sentence as a second offender is illegal since his prior federal conviction was invalid on the constitutional ground that he was deprived of the assistance of counsel at his trial, and that therefore he should be remanded to the New York State Court for resentencing as a first offender.

On March 28, 1943, the relator was sentenced to a term of eighteen months by the District Court for the Eastern District of New York on a…