Albert Victory v. Roy Bombard, as Superintendent of Greenhaven Correctional Facility

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the South ern District of New York, Robert J. Ward, Judge, granting a writ of habeas corpus to a state prisoner on the ground of constitutional error in his conviction for felony murder.

In 1970 Albert Victory was convicted and sentenced for felony murder in the Supreme Court of the State of New York for New York County. Judgment was affirmed without opinion in the Appellate Division, First Department (38 A.D.2d 689, 327 N.Y.S.2d 544 (1971)) and by the New York Court of Appeals, sub nom.…