Court of Appeals for the Second Circuit April 3, 1970, 33895_1 (United States of America Ex Rel. John Bradley v. Daniel McMann Warden of Auburn State Prison, Auburn, New York)

FEINBERG, Circuit Judge.

John Bradley appeals from the denial without an evidentiary hearing of his habeas corpus petition by the United States District Court for the Western District of New York, John T. Curtin, J. In 1966, after a jury trial in the County Court for Erie County, New York, appellant was convicted of third degree burglary.