" Both witnesses also were unable to explain why they had described the robbers as between 25 and 30 when both Styers and Vincent Burt were under 18. Styers was convicted by the jury, and his conviction was upheld without opinion by the New York State Appellate Division, People v. Styers, 49 A.D.2d 699, 373 N.Y.S.2d 1017 (4th Dept. 1975). The New York Court of Appeals denied leave to appeal, and Styers filed a petition in the Western District of New York for a writ of habeas corpus on September 12, 1975, which was not acted on by Judge Elfvin for three years, until September 20, 1978, when he appointed counsel to represent Styers.

The Appellate Division of the Supreme Court, Fourth Department, affirmed petitioner's conviction without opinion. People v. Styers, 49 A.D.2d 699, 373 N.Y.S.2d 1017 (4th Dep't 1975). Petitioner's application for leave to appeal to the Court of Appeals was denied September 25, 1975.