June 27, 1963
UNITED STATES OF AMERICA EX REL. JOSE RIVERA, RELATOR-APPELLANT,
J. EDWIN LAVALLEE, WARDEN OF CLINTON PRISON, DANNEMORA, NEW YORK, RESPONDENT.
Before LUMBARD, Chief Judge, and CLARK and HAYS, Circuit Judges.
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 appellant's 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).
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