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UNITED STATES of America ex rel. Jose RIVERA, Relator-Appellant, v. J. Edwin LaVALLEE, Warden of Clinton Prison, Dannemora, New York, Respondent

United States Court of Appeals for the Second Circuit1963-06-27
319 F.2d 849

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Opinion

majority opinion

PER CURIAM.

This is an appeal from an order of the United States District Court for the Northern District of New York, Foley, J., denying without a hearing the appellants petition for a writ of habeas corpus.

. Appellant’s counsel conceded at the argument of this appeal that the appellant has remedies presently available in the state courts. We find this to be the fact. See People v. Adams, 12 N.Y.2d 417, 240 N.Y.S.2d 155, 190 N.E.2d 529; People v. Stanley, 12 N.Y.2d 250, 238 N.Y.S.2d 935, 189 N.E.2d 478 (1963); People v. Siena (App.Div.), 240 N.Y.S.2d 565. Accordingly, the denial of this petition is affirmed. United States ex rel. Kling v. LaVallee, 306 F.2d 199 (2 Cir. 1962).