United States of America Ex Rel. Michael Hill v. Vito Ternullo, Superintendent, Elmira Correctional Facility

J. JOSEPH SMITH, Circuit Judge:

Michael Hill seeks release by way of a writ of habeas corpus from his current incarceration by the State of New York. Without conducting an evidentiary hearing, United States District Judge Harold P. Burke of the Western District of New York denied, on October 5, 1974, Hill’s petition for the writ. On appeal, the petitioner argues, as he did in the district court, that his confinement is unlawful because it is based upon a plea of guilty rendered without (1) knowledge of the constitutional rights necessarily waived by such a plea, (2) a factual basis on the…