Eduardo Cruz v. Robert Alexander and Edward Hammock, Chairman of the New York State Department of Parole

NEWMAN, Circuit Judge:

This appeal, arising in the context of a habeas corpus attack upon a state conviction, concerns the adequacy of a prosecutor’s denial of a criminal defendant’s claim that his conviction resulted from electronic surveillance in violation of 18 U.S.C. § 2515 (1976). On a petition for a writ of habeas corpus challenging a New York conviction, the District Court for the Southern District of New York (Robert W. Sweet, Judge) ruled that a state prosecutor’s duty to affirm or deny a colorable claim of wiretapping is governed by 18 U.S.C. § 3504 (1976) and concluded that the…