United States ex rel. Walker v. Follette

*181MEMORANDUM

BONSAL, District Judge.

Petitioner, presently incarcerated in Green Haven Prison, Stormville, New York, seeks a writ of habeas corpus claiming that his Federal constitutional rights were violated in the New York courts.

In February 1963 petitioner and a co-defendant, Preston Smith, were tried together before a jury in Suffolk County Court, and on February 19 they- were found guilty of rape, attempted robbery, grand larceny, and carrying and using dangerous weapons. The petitioner and Smith were represented at trial by the same attorney. On May 20, 1964 petitioner was sentenced to…