United States ex rel. Rosner v. Warden, New York State Penitentiary

ZAVATT, District Judge.

MEMORANDUM

This is a petition for a writ of habeas corpus submitted by a prisoner in state custody. The petitioner was convicted of murder, first degree, after a trial by jury in County Court, Nassau County, New York. The charge against him was premised on his participation in an armed robbery of a jewelry store in Manhasset, Long Island, during which the proprietor of the store was shot to death by a co-defendant. On appeal to the New York Court of Appeals from the judgment of conviction, decision was reserved and the case remanded to the County Court for a hearing…