United States of America Ex Rel. George Foye v. J. E. Lavalle, Superintendent of Clinton Correctional Facility

TYLER, District Judge:

George Foye, convicted of murder of a child in the Supreme Court of New York, Sullivan County, on July 31, 1973, appeals from a memorandum and order of the United States District Court for the Northern District of New York on January 4, 1974, denying his petition for habeas corpus relief. Although we recognize that the district court ultimately may be proved correct in its decision to entirely deny habeas relief, we remand for further proceedings on one issue to be discussed hereinafter.

After his conviction based upon a verdict of the jury and the judgment of the Supreme…