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GAYES V. NEW YORK, 332 U. S. 145 (1947)

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U.S. Supreme Court

Gayes v. New York, 332 U.S. 145 (1947)

Gayes v. New York

No. 405

Argued May 2, 1947

Decided June 23, 1947

332 U.S. 145

Syllabus

Upon a plea of guilty in a criminal prosecution in a state court, petitioner was sentenced as a second offender, the length of the sentence being based partly on a previous conviction. Upon sentence as a second offender, petitioner had full opportunity, so far as appears, to contest any infirmity in the previous sentence. While serving the second sentence, petitioner applied to the court which had imposed the earlier sentence to vacate the judgment there rendered against him on the ground of denial of his right to counsel under the Federal Constitution. The state court denied the motion, and its judgment is here affirmed. Pp. 332 U. S. 147-149.

Affirmed.

Petitioner's application to a state court to vacate a judgment there rendered against him was denied without opinion. Under the state law, no review could be had of this determination. This Court granted certiorari. 329 U. S. 710. Affirmed, p. 332 U. S. 149. chanroblesvirtualawlibrary

Page 332 U. S. 146





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