United States of America Ex Rel. John McGrath v. J. E. Lavallee, Warden of Clinton Prison, Dannemora, New York

KAUFMAN, Circuit Judge.

The appellant John McGrath, presently serving a state court recidivist sentence of 29 to 30 years’ imprisonment based upon a plea of guilty to second degree robbery, challenges the constitutionality of his detention, contending that the plea was induced by improper mental or psychological coercion and entered without fair knowledge of the alternatives. When the case was here before, 319 F.2d 308 (2 Cir. 1963), we remanded for a hearing to assure the accuracy and authenticity of the stenographic transcript of the in camera conference in which the appellant decided to…