Farrell v. Czarnetsky

METZNER, District Judge:'

In this application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, petitioner alleges that his confinement at the Eastern Correctional Facility upon conviction of first degree robbery is in violation of the due process clause of the Fourteenth Amendment under the holding of Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975).

Petitioner was convicted of two counts of robbery in the first degree and of possession of a weapon on June 4, 1974. On October 16, 1975, the Appellate Division of the First Department reversed the conviction on the…