United States of America Ex Rel. Leroy Vanderhorst, Relator-Appellee v. Hon. J. Edwin Lavallee, as Warden of Auburn State Prison, Auburn, New York

*412ANDERSON, Circuit Judge

(with whom Judges WATERMAN, SMITH, KAUFMAN and FEINBERG concur):

The judgment of the District Court is affirmed on the opinion of Judge Frankel, reported at 285 F.Supp. 283. We add only these few comments.

This case does not raise the issue of whether a defendant who fails to preserve an objection to evidence in a state court may later assert it in a habeas corpus petition, cf. Henry v. Mississippi, 379 U.S. 443, 85 S.Ct. 564, 13 L.Ed.2d 408 (1965); Fay v. Noia, 372 U.S. 391, 83 S.Ct. 822, 9 L.Ed.2d 837 (1963). Vanderhorst’s precise claim, that his confession was…