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UNITED STATES v. FAY

No. 387, Docket 24915.

257 F.2d 438 (1958)

UNITED STATES ex rel. Louis CUOMO, Relator-Appellant, v. Edward M. FAY, Warden of Green Haven Prison, and The People of the State of New York, Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided July 11, 1958.

Attorney(s) appearing for the Case

George M. Vetter, Jr., New York City, for relator-appellant.

George K. Bernstein, Deputy Asst. Atty. Gen., State of New York (Louis J. Lefkowitz, Atty. Gen., Paxton Blair, Solicitor Gen., and Samuel A. Hirshowitz, Asst. Solicitor Gen., State of New York, New York City, on the brief), for respondents-appellees.

Before HINCKS, PICKETT and MOORE, Circuit Judges.

HINCKS, Circuit Judge.

The sole question presented upon this appeal is whether the relator has exhausted his remedies under the law of New York as required by 28 U.S.C.A. § 2254.1 The District Court held that he had not but, recognizing that the question was one of some difficulty, granted relator a certificate of probable cause, 28 U.S.C.A. § 2253, and leave to appeal in forma pauperis...

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