United States of America Ex Rel. Lewis Alexander Brooks, Relator-Appellant v. Daniel McMann Warden of Clinton Prison, Dannemora, New York

WATERMAN, Circuit Judge:

Appellant Lewis Alexander Brooks petitioned the federal court below for a writ of habeas corpus on the ground that his guilty plea to a state charge of third degree burglary was involuntary. He alleges that at the time the New York State trial court accepted the guilty plea he had not been warned that he was thereby subjecting himself to possible additional punishment as a multiple offender. The petition was dismissed. We affirm the dismissal order.

Brooks originally pleaded not guilty to the burglary charge and his trial began in Nassau County, New York, in September…