United States of America Ex Rel. Dominick Graziano v. Daniel McMann Acting Warden, Clinton Prison, and the People of the State of New York

WATERMAN, Circuit Judge.

Appellant was convicted of the crime of robbery in the first degree after trial by jury in 1956 in a New York State Court. During trial evidence was introduced against appellant that had been obtained by the State-authorized use of' *285wiretaps.1 Appellant’s conviction was affirmed by the Appellate Division, First Department, People v. Graziano, 3 A.D. 2d 1010, 165 N.Y.S.2d 445, and by the Court of Appeals, 4 N.Y.2d 881, 174 N.Y.S.2d 465, 150 N.E.2d 768. Following the affirmance by the Court of Appeals and preparatory to applying for a writ of certiorari to the United…