United States of America Ex Rel. Aniello Caccio, Relator-Appellant v. Hon. Edward M. Fay, as Warden, Green Haven Prison, Stormville, New York

MOORE, Circuit Judge.

Aniello Caccio appeals from an order of the District Court for the Southern District of New York, John Cannella, Judge, denying a petition for a writ of habeas corpus.

On February 2, 1954, Caccio was arraigned in New York on a New York indictment for first degree murder and pleaded not guilty. Caccio had retained counsel who had evidently filed a written appearance, but the record indicates that counsel was not present at the arraignment. However, Caccio was granted a two-week period in which his retained (and subsequently assigned) counsel could make any motions addressed…