United States of America Ex Rel. Kelly Wilson v. The Hon. Daniel McMann Warden, Clinton State Prison, Dannemora, N.Y.

MEDINA, Circuit Judge:

These habeas corpus proceedings brought by Kelly Wilson, a New York State prisoner, after his conviction of a narcotics violation, present a very narrow issue.

There had been a previous trial that resulted in a hung jury. The principal witness to the sale of the narcotics by Wilson was Detective Pasquale Russo, the under-cover man who made the alleged purchase, and he was corroborated to a considerable degree by three other prosecution witnesses. Before the retrial of the case assigned counsel, Neil Fabricant, Esq., of the New York Legal Aid Society staff, applied for a…