United States of America Ex Rel. Albert Jefferson v. Edward M. Fay, Warden of Green Haven State Prison, Stormville, New York

MOORE, Circuit Judge:

Appellant, Albert Jefferson, is presently serving a ten to fifteen year second felony offender sentence for rape, imposed in the Nassau County Court on March 7, 1958, at Green Haven State Prison, Stormville, New York. The prior felony conviction occurred on March 16, 1949 after appellant pleaded guilty to a charge of burglary in the third degree. On March 23, 1964 appellant made a motion in the Nassau County Court for re-sentence asserting that the 1949 conviction should be set aside on the ground that he had not intelligently waived his right to counsel at that time. A…