United States ex rel. Franco v. Ternullo

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, appearing pro se, seeks to void his state court conviction entered upon his plea of guilty, pursuant to which he is presently confined at Green Haven Correctional Facility, on the ground that he was mentally incompetent at the time of the plea and sentence. The state court decided the issue adversely to petitioner after a full evidentiary hearing and the decision was affirmed by the Appellate Division.1 Leave to appeal to the Court of Appeals was denied, following which the present proceeding was instituted. The record establishes there is no…