William Stubbs v. H. J. Smith, Superintendent, Attica Correctional Facility

OAKES, Circuit Judge:

This appeal is from a denial of a writ of habeas corpus in respect to a state court conviction for unlawful possession of a loaded firearm. 1 Appellant seeks to raise the question of the constitutionality of the New York statutory presumption of possession of a weapon based on presence in an automobile where such weapon is found. 2 He appeals from an order of the United States District Court for the Western District of New York, John T. Curtin, Judge, denying his petition for the writ. The State contends that the question of constitutionality was not raised either in the…