Sylvester R. Winston, Petitioner-appellant, v. United States of America, Respondent-appellee, 224 F.2d 337 (2d Cir. 1955)

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U.S. Court of Appeals for the Second Circuit - 224 F.2d 337 (2d Cir. 1955) Argued June 7, 1955
Decided June 30, 1955

Submitted on brief by petitioner-appellant.

Robert P. Freedman, Asst. U. S. Atty. for the Western Dist. of N. Y., Buffalo, N. Y. (John O. Henderson, U. S. Atty., on the brief), for respondent-appellee.

Before CLARK, Chief Judge, CHASE, Circuit Judge, and RYAN, District Judge.


The record adequately supports Judge Knight's conclusion that petitioner at all relevant times during the course of his trial was advised by counsel of his own choice, and that his plea of guilty was made when so advised. His present ambiguous objections to his arrest and the nature of the evidence obtained by and available to the prosecution do not survive this plea.