United States Ex Rel. James Brennan, Relator-Appellant v. Hon. Edward M. Fay, as Warden of Green Haven Prison, Stormville, New York

FRIENDLY, Circuit Judge:

The petitioner-appellant, James Brennan, was convicted in 1953 by the New York Court of General Sessions of attempted assault in the second degree. He was sentenced, as a fourth felony offender, to a term in excess of fifteen years. N.Y.Penal Law, McKinney’s Con-sol.Laws, c. 40, §§ 243, 261, 1942. Nine years later he challenged this sentence in a New York coram nobis proceeding in which he claimed that his second felony conviction, obtained in 1937 on a plea of guilty in Queens County Court, was invalid because he was without the assistance of counsel, and that…