United States of America Ex Rel. Louis Roberts v. Hon. J. Edwin Lavallee, Warden of Auburn State Prison, Auburn, New York

LUMBARD, Chief Judge:

Louis Roberts appeals from the denial of a writ of habeas corpus by the Northern District of New York for which he petitioned on the ground that his 1962 conviction in the Queens County Court for robbery, grand larceny, and assault should be nullified because he did not have at his trial a free transcript of the preliminary hearing before the magistrate, otherwise obtainable upon payment of a fee, see N.Y.Code of Crim.Proc. § 206, and thus was denied equal protection of the law. As we conclude that application of the New York law should be determined by the New York…