United States of America Ex Rel. Philip Orlando, Relator-Appellant v. Edward M. Fay, Warden of Green Haven Prison, Stormville, New York

LUMBARD, Chief Judge:

Philip Orlando attacks, by petition for a writ of habeas corpus filed in the Southern District of New York in October 1963, his 1950 New York State con viction and thirty-to-sixty year sentence for robbery in the first degree, grand larceny first degree and assault second degree. He alleges that he was denied a public trial because the state trial court excluded the public from the courtroom during most of the trial. State remedies having been exhausted, 1 Judge Sugar-man held a hearing and denied the application. We agree with his conclusion that there has been no…