In order for relator to have exhausted his state remedies, the merits of his constitutional claim must have been presented to the state courts for adjudication. See, e.g., United States ex rel. Cuomo v. Fay, 257 F.2d 438 (2d Cir., 1958); cert. denied, 358 U.S. 935, 79 S.Ct. 325, 3 L.Ed.2d 307 (1959); United States ex rel. Sproch v. Ragen, 246 F.2d 264, 266 (7th Cir., 1957); United States ex rel. Gregory v. People of New York, 195 F.Supp. 527 (N.D.N.Y.1961); United States ex rel. Noia v. Fay, 183 F.Supp. 222, 226 (S.D.N.Y.1960); United States ex rel. Murdaugh v. Murpht, 183 F.Supp. 440 (N.D.N.Y.1961); United States ex rel. Morrison v. Myers, 174 F.Supp. 818, 819-820 (E.D.PA. 1959). 'It has long been settled that the federal courts will not consider on habeas corpus claims which have not been raised in the state tribunal * * *.' Darr v. Burford, supra, 339 U.S. at 203, 70 S.Ct. at 589.
Warren lists the many Supreme Court cases; United States ex rel. Rogers v. Richmond, 2 Cir., 271 F.2d 364, 378, — Chief Judge Clark dissenting lists the considerable body of similar cases passed upon recently by the Court of Appeals, Second Circuit. I have had a substantial number of important cases before me in recent years involving murder first degree convictions of New York and have written, as we do in every habeas corpus application in this District whether it has merit or not, and some of the reported cases beginning in 1955 are: United States ex rel. Caminito v. Murphy, D.C., 127 F. Supp. 689; 2 Cir., 222 F.2d 698, certiorari denied 350 U.S. 896, 76 S.Ct. 155, 100 L.Ed. 788; U.S. ex rel. Wade v. Jackson, D.C., 144 F. Supp. 458; 2 Cir., 256 F.2d 7, certiorari denied 357 U.S. 908, 78 S.Ct. 1152, 2 L.Ed.2d 1158; United States ex rel. Williams v. Lavalle, D.C., 170 F. Supp. 582; 2 Cir., 276 F.2d 645; United States ex rel. Wolfe v. LaVallee, 179 F. Supp. 939; 2 Cir., 277 F.2d 926; United States ex rel. Murdaugh v. Murphy, D.C., 183 F. Supp. 440, appeal dismissed 2 Cir., 10/3/60; United States ex rel. Martin v. Murphy, D.C., 187 F. Supp. 395, remanded 2 Cir., 12/14/60. There are more reported and unreported, several under process now as to merit, and, of course, Chief Judge Brennan of this District has had his share, a recent noted one being U.S. ex rel. Corbo v. LaVallee, 2 Cir., 270 F.2d 513; certiorari denied 361 U.S. 950, 80 S.Ct. 403, 4 L.Ed.2d 382.