United States ex rel. Irving v. Casscles

EDWARD WEINFELD, District Judge.

The petitioner, who seeks a federal writ of habeas corpus to void a state court judgment of conviction entered upon his plea of guilty, now has pending undetermined an appeal in the Appellate Division, First Department, from the denial of a writ of error eoram nobis. That appeal presents the same claims upon which the present petition is based. Accordingly, there has been a failure to exhaust available state remedies. See Agone v. New York, 304 F.Supp. 1139 (S.D.N.Y.1969). Moreover, even if it be assumed that petitioner’s present claims, rejected on direct…