United States ex rel. Berkowitz v. Deegan

OPINION

EDWARD WEINFELD, District Judge.

Petitioner is presently confined at Auburn State Prison, New York serving a sentence not to exceed five years imposed in October, 1968 following his conviction for burglary, second degree, after a trial to a jury in the Supreme Court, State of New York, County of New York. The conviction was affirmed without opinion on direct appeal and leave to appeal to the Court of Appeals was denied.1 Petitioner now seeks *952his release under a federal writ of habeas corpus upon a claim of violation of his federally protected right under the Sixth Amendment to competent…