Frank Krische A/K/A Joseph Boyd v. Harold J. Smith, Superintendent, Attica Correctional Facility

EGINTON, District Judge:

Appellant is the Superintendent of the Attica Correctional Facility. He appeals from an order entered on January 28, 1981 by Judge John T. Elfvin of the United States District Court for the Western District of New York directing the issuance of a writ of habeas corpus in favor of the petitioner, Frank Krische.

The petitioner had been convicted in New York Supreme Court, Queens County, on one count of robbery in the first degree and one count of robbery in the second degree. His conviction was affirmed by the Appellate Division, Second Department, and leave to appeal to…