United States of America Ex Rel. Larry David Hayden v. John R. Zelker, Warden of Green Haven State Correctional Facility, Stormville, New York

FEINBERG, Circuit Judge:

Larry David Hayden appeals from denial of his application for a writ of habeas corpus by Judge Mark A. Costantino of the United States District Court for the Eastern District of New York. Hayden’s application in the district court alleged that a sentence imposed upon him by a state court denied him the equal protection of the laws. We affirm the judgment of the district court.

Hayden was convicted in 1964 by a jury in Suffolk County of carnal abuse of a child. In lieu of the maximum prison term of ten years then otherwise applicable, the state judge sentenced Hayden as…