United States of America Ex Rel. Alvin Nelson v. John L. Zelker, Superintendent of Green Haven Correctional Facility, Stormville, New York

MULLIGAN, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York, Hon. Charles Metzner, entered on June 21, 1971 dismissing appellant’s petition for a writ of habeas corpus. On January 12, 1972, this court issued a certificate of probable cause.

On March 20, 1964, appellant and his co-defendant were convicted in Supreme Court, New York County (Martinis, J.), after a joint jury trial, of murder in the first degree (felony murder) and sentenced to life imprisonment. The judgment of conviction was affirmed by the Appellate Division,…