United States of America Ex Rel. Edward F. Mahoney v. J. E. Lavallee, as Warden of Auburn State Prison, Auburn, New York

IRVING R. KAUFMAN, Circuit Judge.

Edward F. Mahoney was convicted in the New York State Courts in 1961 of robbery in the first degree and is currently serving a sentence of from 10 to 12 years’ imprisonment. After unsuccessful appeals in the State Courts, he sought a writ of habeas corpus from the United States District Court for the Northern District of New York, which denied his application without a hearing. 1 From that denial he appeals. We affirm.

Mahoney claims that a search of his apartment and the basement of his building, which turned up a .45 automatic pistol used in the robbery,…