Jose B. Martinez v. David R. Harris, Superintendent, Green Haven Correctional Facility, and Robert Abrams

FEINBERG, Chief Judge:

Jose B. Martinez appeals from a judgment of the United States District Court for the Southern District of New York, Gerard L. Goettel, J., denying appellant’s petition for a writ of habeas corpus under 28 U.S.C. § 2254. The judgment was based on the district judge’s memorandum decision dated July 21, 1981, which adopted the recommendations of Magistrate Naomi Reice Buchwald’s report of June 3, 1981. Appellant challenges his detention on the ground that his jury trial in New York Supreme Court deprived him of certain constitutional rights, more fully described below. In…