United States Ex Rel. Thomas Mungo v. J. Edwin Lavallee, Superintendent, Clinton Correctional Facility

HOLDEN, District Judge:

This is an appeal from the denial of the appellant’s application for a writ of habeas corpus by the United States District Court for the Eastern District of New York, Mark A. Costantino, J. The decision is reported in 372 F.Supp. 742 (E.D.N.Y.1974). The application attacks two judgments of conviction entered in the Supreme Court of the State of New York following separate jury trials.

On February 28, 1968, the petitioner was sentenced after his conviction for robbery, grand larceny and assault. The conviction was affirmed by the Appellate Division, Second Department, 34…