United States of America Ex Rel. David Preston v. The Hon. Vincent R. Mancusi, Warden of Attica State Prison, Attica, New York

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from an order by Judge George Rosling of the District Court for the Eastern District of New York, denying, without a hearing, appellant’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Appellant contends the district judge should have held an evidentiary hearing on his claim that his confessions, which were used in obtaining his conviction in a New York state criminal trial, were involuntary. This claim is based on the fact that the district judge did not have before him the full transcript of appellant’s state court…