United States Ex Rel. Sanney v. Montanye

CURTIN, District Judge.

This case involves a petition for a writ of habeas corpus filed by a state prisoner. In a previous decision reported at 352 F.Supp. 947, D.C., the court discussed the state proceedings in the case and held that petitioner was entitled to raise his claims in this court notwithstanding his entry of a plea of guilty in the state trial court.

Before proceeding to the merits, one additional point on this issue should be noted. At the time petitioner entered his plea of guilty three sections of the former New York Code of Criminal Procedure allowed appeal of certain claims…