United States of America Ex Rel. Vincent Cerullo v. Hon. Harold W. Follette, as Warden of Green Haven Prison, Stormville, New York

WYATT, District Judge:

The Warden of Green Haven Prison appeals from an order of Judge Tyler granting an application of Vincent Cerullo for a writ of habeas corpus. Cerullo is serving a sentence for first degree robbery and other offenses imposed after a jury verdict in a trial in the New York Supreme Court for Nassau County. A co-defendant at the trial, Carmine Moccio, was convicted of the same offenses.

There have been extensive proceedings in the state courts, the District Court and in this Court — all involving the claim by Cerullo that two statements admitted against him at trial were…