United States of America Ex Rel. Vincent Cerullo v. Harold W. Follette, Warden of Green Haven Prison

LUMBARD, Chief Judge:

Vincent Cerullo appeals from the denial of a writ of habeas corpus following a limited supplemental hearing in the district court. We find that there should be a more complete development of the material facts. Accordingly, we vacate the order of the district court and remand for a full hearing of the relator’s claims.

Cerullo is presently incarcerated in Green Haven Prison, serving a 15 to 30 year sentence for first degree robbery, first degree grand larceny, second degree assault and second degree burglary. He was tried with co-defendant Carmine Moccio before Justice…