United States of America Ex Rel. William Cadogan v. Hon. J. Edwin Lavallee, as Warden of Clinton State Prison, Dannemora, New York

HAYS, Circuit Judge.

I

This is an appeal from an order of the ^United States District Court for the Northern District of New York granting appellee William Cadogan’s application ¿for a writ of habeas corpus, setting aside his state court convictions, and ordering the appellant Warden to discharge Cadogan from custody unless the State of New York retries him within days. The execution of the order -was stayed pending this appeal.

Before his state court trial on narcotics charges, appellee who had been declared indigent, requested a free copy of the transcript of a hearing on his pre-trial motion…