United States Ex Rel. Alejandro Daneff v. Robert Henderson, Superintendent, Auburn Correctional Facility, Auburn, New York

.OAKES, Circuit Judge:

This appeal is from a denial of a writ of habeas corpus by Judge Wyatt below in a memorandum opinion handed down October 9, 1973. The relevant facts, as set forth in the district court’s opinion, need to be reiterated here.

Appellant was indicted on February 9, 1970, for criminal possession of a dangerous drug in the first degree, a “class A felony” under New York Penal Law § 220.33 (renumbered § 220.23 effective April 24, 1970). 1 That indictment charged appellant with possession of 18 ounces of “light [white] powder” in which there was “cocaine present.” It was…