United States of America Ex Rel. Jose Burgos v. Harold W. Follette, Warden, Green Haven Prison, Stormville, New York 12582

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from the United States District Court for the Southern District of New York, Edmund L. Pal-mieri, Judge, from the dismissal without a hearing of a petition for a writ of habe-as corpus. We find error and remand for hearing.

Petitioner-appellant, Jose Burgos, was convicted in the former Court of General Sessions of New York County in May, 1962 of murder in the first degree and on June 22, 1962 was sentenced to life imprisonment upon the recommendation of the jury. No direct appeal was taken from the conviction.

In September, 1965 Burgos filed a…