United States Ex Rel. Louis Cuomo, Relator-Appellant v. Edward M. Fay, Warden of Green Haven Prison, and the People of the State of New York

HINCKS, Circuit Judge.

The sole question presented upon this appeal is whether the relator has exhausted his remedies under the law of New York as required by 28 U.S.C.A. § 225-1. 1 The District Court held that he had not but, recognizing that the ques tion was one of some difficulty, granted relator a certificate of probable cause, 28 U.S.C.A. § 2253, and leave to appeal in forma pawperis. We assigned counsel to present the appeal.

The facts controlling the exhaustion question are undisputed. On October 29, 1953, the appellant pleaded guilty in Kings County court to the crime of robbery in the…