United States of America Ex Rel. Carlos Ortiz, 59524 v. Harold Fritz, Superintendent of Auburn Correctional Facility, Auburn, New York

OAKES, Circuit Judge:

This appeal from the denial of a habeas corpus petition raises a serious question as to the applicability of Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968), in the case of “interlocking” confessions of codefendants. Only because we consider ourselves bound by United States ex rel. Catanzaro v. Mancusi, 404 F.2d 296 (2d Cir. 1968), cert. denied, 397 U. S. 942, 90 S.Ct. 956, 25 L.Ed.2d 123 (1970), and its progeny in this circuit, 1 do we affirm.

The original conviction was for murder in the first degree in the New York state courts. 2 Appellant,…