OPINION
WEINFELD, District Judge.
The petitioner, awaiting retrial on a murder charge following reversal of his conviction by the New York State Court of Appeals, seeks his release upon a federal writ of habeas corpus. He advances various grounds, some of constitutional dimensions and others, upon their face, without substance.
On the facts presented the remedy petitioner seeks is not open to him. Section 2254 of Title 28 is inapplicable absent a...
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