United States ex rel. Zavarro v. Commissioner of Correction

OPINION

FREDERICK van PELT BRYAN, District Judge:

Petitioner Isaac Zavarro, and his brother, Mark Zavarro (not a party here), were each convicted after a joint jury trial in Nassau County Court of one count of second degree arson and one count of third degree arson. Each was sentenced to concurrent terms of 4 to 10 years in prison.

The convictions were affirmed without opinion by the Appellate Division, People v. Zavarro, 29 A.D.2d 917, 289 N.Y.S.2d 737 (2d Dep’t 1968). The New York Court of Appeals affirmed Isaac’s conviction, but reversed Mark’s conviction, holding that the introduction of an…