Julius F. Klein v. Harold Smith, as Superintendent of the Attica Correctional Facility, Attica, New York

MOTLEY, District Judge:

Julius F. Klein appeals from two orders of the United States District Court for the Southern District of New York (Owen, J.). The first order, dated October 15, 1974, denied petitioner’s application for a writ of habeas corpus after an evidentiary hearing; the second order, on July 20, 1976, reaffirmed the 1974 order after a reopened evidentiary hearing. We affirm.

Petitioner Klein is presently serving a life sentence in a New York state prison, having been convicted on October 15, 1969 of murder in the first degree after a jury trial in the Supreme Court, Westchester…