United States of America Ex Rel. Christopher Romano v. Hon. Edward M. Fay, as Warden of Green Haven Prison, Stormville, New York

LUMBARD, Chief Judge.

The principal question for decision is whether the use of Christopher Romano’s post-indictment statements made to a police officer and to an assistant district attorney so infected his 1953- New York trial and conviction with federal constitutional error that habeas corpus relief is warranted. The District Court for the Southern District of New York, Murphy, J., granted the- writ and directed Romano’s discharge or a prompt retrial. We reverse and remand with instructions to dismiss Romano’s petition. We hold that the only infirmity in Romano’s questioning and subsequent…