Vito Finetti v. David Harris, Superintendent of Greenhaven Correctional Facility

TIMBERS, Circuit Judge:

On this appeal from a judgment entered in the Southern District of New York, Charles E. Stewart, District Judge, 460 F.Supp. 1069, granting a state prisoner’s petition for a writ of habeas corpus, the issues presented are virtually identical to those raised on appeal before this Court in Brown v. Wilmot, 572 F.2d 404 (2 Cir. 1978) (per curiam), namely: (1) whether petitioner sufficiently exhausted his state remedies pursuant to 28 U.S.C. § 2254(b) and (c) (1976) to entitle him to apply for federal habeas corpus relief; and (2) if he has, whether the district court erred…