United States Ex Rel. Victor Gonzales v. Honorable Harold W. Follette, Warden of Greenhaven Prison, Stormville, N. Y.

FEINBERG, Circuit Judge:

Appellant Victor Gonzales, a second felony offender, is presently serving a sentence of seven and one-half to fifteen years in a state prison; he was convicted in 1965 in the New York State Supreme Court, Kings County, of possession of marijuana and of such possession with intent to sell. 1 Gonzales appeals from denial of a writ of habeas corpus in the United States District Court for the Southern District of New York, Marvin E. Frankel, J. After denying the writ, the district court granted appellant’s application for a certificate of probable cause and for leave to…