United States ex rel. Pacheco v. Casseles

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, confined to Sing Sing Prison, Ossining, New York, pursuant to a judgment of conviction for burglary, third degree, and possession of burglar’s tools, entered upon a jury verdict in the Supreme Court, Kings County, in April, 1968, seeks his release upon a federal writ of habeas corpus. He was sentenced as a second felony offender to *555concurrent terms of five to seven and a half years (burglary) and three and a half to seven years (possession). The judgment of conviction was affirmed upon appeal, where petitioner presented the constitutional…