District Court, N.D. New York April 9, 1963, Civ. No. 9263 (United States ex rel. DeFlumer v. LaVallee)

BRENNAN, Chief Judge.

The above named state court prisoner, through the medium of a petition and notice of motion, seeks the issuance of a writ of habeas corpus to make inquiry into the legality of his present detention. The respondent has submitted an affidavit in opposition to the requested relief and the petitioner has filed his affidavit in reply thereto.