Orlando Rodriguez v. Harold Butler, Superintendent, Wallkill Correctional Facility, Wallkill, Newyork

HAYS, Circuit Judge:

Petitioner-appellee, Orlando Rodriguez, was indicted by the State of New York and convicted after trial before a jury of criminal possession of a dangerous drug (cocaine) in the first degree in violation of section 220.20 of the New York Penal Law. N.Y. Penal Law § 220.20 (McKinney 1967). 1 His conviction was unanimously affirmed without opinion by the Appellate Division, Second Department, 40 A.D.2d 763, 336 N.Y.S.2d 436 (2d Dept. 1972), and leave to appeal to the New York Court of Appeals was denied on November 2, 1972. In March, 1973 petitioner applied to the United…