United States of America Ex Rel. James Springle, Relator-Appellant v. Harold M. Follette, Warden, Greenhaven Prison, Stormville, N. Y.

*1382MOORE, Circuit Judge:

This is an appeal from a denial of a writ of habeas corpus. Defendant was indicted on March 27, 1967 in Onondaga County Court on charges of third degree burglary and petty larceny. Following a jury trial, defendant was convicted and sentenced to six to twelve years as a second felony offender on April 28, 1967. Defendant appealed his conviction to the Supreme Court, Appellate ' Division (Fourth Department), and on October 24, 1968 the conviction was affirmed. 30 A.D.2d 1051, 295 N.Y.S.2d 323. Leave to appeal to the New York Court of Appeals was denied on April 12, 1969 by…