District Court, S.D. New York March 28, 1979, No. 77 Civ. 2529 (JMC) (United States ex rel. Hoover v. New York)

MEMORANDUM DECISION

CANNELLA, District Judge:

Petition for a writ of habeas corpus is denied. 28 U.S.C. § 2254.

*482Pursuant to an Order of the Court, United States Magistrate Leonard Bernikow conducted an evidentiary hearing and submitted proposed findings of fact accompanied by a recommendation that the writ be granted.