United States of America Ex Rel. Angelo Fazio v. Honorable Edward M. Fay, as Warden of Green Haven Prison, Stormville, New York

LEVET, District Judge:

Fazio appeals from an order of the United States District Court for the Southern District of New York, Edward Weinfeld, District Judge, which denied appellant’s petition for a writ of habeas corpus without a hearing. Judge Wein-feld granted a certificate of probable cause and leave to appeal in forma pau-peris on December 15,1964.

Appellant is presently held in custody by the Warden of Green Haven Prison, Stormviile, New York, pursuant to a judgment of conviction for first degree robbery in a state court. Appellant seeks his release on the ground that his conviction was…