Frank Campanale v. David R. Harris, Superintendent, Green Haven Correctional Facility

PIERCE, Circuit Judge:

Appellant Campanale appeals from a judgment, filed March 30,1981, of the United States District Court for the Southern District of New York, Pierre N. Leval, Judge, denying Campanale’s petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254.

For the reasons set forth below, we vacate the order denying the petition and we remand the cause to the district court with instructions to dismiss for failure to exhaust state remedies.

I. BACKGROUND

Frank Campanale was convicted of murder in 1969, in New York Supreme Court, Bronx County, after a jury trial. This…