United States Ex Rel. Robert Rice, Relator-Appellee v. Leon J. Vincent, Superintendent, Greenhaven Correctional Facility, Stormville, New York

LUMBARD, Circuit Judge:

Leon J. Vincent, the Superintendent of the Greenhaven Correctional Facility of Stormville, New York, appeals from an order entered on July 17, 1973, in the Southern District which granted the petition of Robert Rice, a prisoner in the facility, for a writ of habeas corpus unless the State of New York granted him a new trial within 60 days. Rice was convicted in the Supreme Court for New York County of the crimes of murder in the first degree, attempted murder in the first degree, and attempted robbery in the first degree after a trial before a jury lasting from March…