Legal Opinion
Akins v. Smith
District Court, S.D. New York
Decided November 26, 1979No. 79 Civ. 3684(MP)PublishedCited by 2 opinions
1Opinion of the Court
DECISION
POLLACK, District Judge.
This habeas corpus petition under 28 U.S.C. § 2254 was filed in the Western District of New York by a state prisoner confined in the Attica Correctional Facility pursuant to a conviction in New York County Supreme Court on a plea of guilty to charges of robbery in the first degree. The petitioner seeks to vacate the plea entered on June 9, 1976 on the ground he was misled by presumably made but unrequited plea-bargained promises that his sentence would be made concurrent with the inception of a prior sentence that he was serving at the time. The effect of the…
2Cases cited12 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- Kalamis v. SmithNew York Court of Appeals · 1977
- John Kelleher, Petition-Appellant v. Robert J. Henderson, Superintendent, Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1976
- Joseph A. Williams v. Harold J. Smith, Superintendent, Attica Correctional FacilityCourt of Appeals for the Second Circuit · 1979
- Vincent Caputo v. Robert J. Henderson, Superintendent, Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1976
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3Cited by2 opinions
- Akins v. SmithCourt of Appeals for the Second Circuit · 1980
- Bailey v. PetzkeNew York Supreme Court · 1981