MESKILL, Circuit Judge:
Hector Alburquerque appeals from a judgment entered in the United States District Court for the Eastern District of New York (Platt, J.) dismissing his petition for a writ of habeas corpus. Alburquerque had sought release from New York State custody following his conviction for robbery in the first degree on the ground that the exemption of women from jury service as provided under a then operative state statute denied him his right to a representative venire as guaranteed under the Sixth and Fourteenth Amendments to the Constitution. After Alburquerque’s quest for relief had travelled the tortuous path detailed below, Judge Platt dismissed the petition finding that Alburquerque had not adequately raised the objection before trial as required under a procedural provision of state law and that habeas corpus relief was therefore barred under the holding of Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977). We disagree with that conclusion and, for the reasons set forth below, vacate the judgment and remand to the district court for findings of fact and conclusions of law on the merits of Alburquerque’s claim.
I.
[FACTUAL BACKGROUND]
Prior to commencement of his trial in Supreme Court, Queens County, Alburquer[769]*769que, in accordance with New York Criminal Procedure Law § 270.10 (McKinney)1 interposed a timely, written challenge to the composition of his prospective jury panel. In essence, he asserted that the array from which his panel would be drawn was not fairly representative of the community as a whole because women, though summoned and required to appear for jury duty, were permitted under a then operative provision of state law2 to claim an exemption. This procedure, in Alburquerque’s view, necessarily resulted in the substantial underrepresentation of women in the array and violated the Sixth Amendment guarantee of a properly selected jury, a right which had been elucidated only two weeks earlier in Taylor v. Louisiana, 419 U.S. 522, 95 S.Ct. 692,42 L.Ed.2d 690 (1975). In striking down a Louisiana statute exempting all women from jury service, that decision held that methods of constituting venires which, to a significant degree,-resulted in the systematic exclusion of distinct groups were repugnant to the constitutional right to jury panels drawn from a fair cross-section of the community. The Supreme Court subsequently decreed that a prima facie violation of the fair cross-section requirement had been established where a petitioner demonstrated that due to systematic exclusion in the jury selection process, a jury venire composed of only 15 percent women was chosen from a community where 54 percent of the population was female. Duren v. Missouri, 439 U.S. 357, 99 S.Ct. 664, 58 L.Ed.2d 579 (1979).
At the ensuing pretrial hearing Alburquerque orally elaborated upon this contention. Because of its bearing upon the waiver issue, we set forth at some length the relevant portions of the colloquy among Alburquerque’s counsel, the assistant district attorney and the court:
[THE COURT]: I gather that this is a challenge to the panel, jury panel, on the ground that there’s not a fair cross section of the community in that eligible women are grossly under-represented therein.
Now what do you want to say?
[DEFENSE COUNSEL]: I would like to say first sir, in support of that motion, the panel that is going to eventually try these defendants; while they are not before the Court now, they are composed of jurors who have I believe concededly been picked according to the New York State law which grants a blanket exemption to women who choose to take that exemption, and that a woman, for no other reason aside from her sex, has absolute right to it.
I think that controverts the recent Supreme Court case, Taylor vs Louisiana, where the Louisiana Statute, although in the reverse where the concept in Louisiana was that all women were not called for jury duty unless they specifically re[770]*770quested to be called; the results were the same.
Now I might further add, Your Honor, that I don’t believe it truly matters what type of panel is brought over here this morning. I would submit to Your Honor that even if eighty percent of the panel that’s brought over here this morning were women, the panel would still be defective in that the women who would be brought over would be women who had specifically refused their exemption and who are acting in the role of professional jurors.
[ASSISTANT DISTRICT ATTORNEY]: Your Honor, we would take a position that the panel that is going to be before you is constitutionally drawn within the mandate of the Taylor case.
It’s pointed out that unlike Louisiana, where women did not. have to claim an exemption, in this state women do have to affirmatively claim an exemption.
I would also point out that counsel, in his moving papers, neither counsel points out any facts which would indicate that this panel is going to be affirmatively grossly under-represented by women in this case.
[THE COURT]: Well, the Court understands that the basis for the application is predicated on the recent United States Supreme Court decision in Louisiana.
Well, the Court takes the position that the law that was declared unconstitutional regarding the women jurors in Louisiana, is a different statute to that which we have in New York.
In other words, there is a difference between the Louisiana Code of Criminal Procedure provision and the provisions in our Judiciary Law, which is Section 599, Subdivision 7.
And our statute does not automatically prevent women from serving. It provides that a woman is entitled to exemption from service upon claiming exemption therefrom.
That statute is different than the Louisiana matter, where a woman would not be selected for jury service unless she made an affirmative declaration of her desire to so do.
And accordingly, the Court takes the position that the constitution of the panel that’s coming over is proper and legal, and the application is denied, with exception to each defendant.
After the panel entered the courtroom, the trial judge, at the behest of Alburquerque’s counsel, noted that of 70 prospective jurors, seven were women. The objection was renewed in light of this statistic, but was again denied.
The case was tried and Alburquerque, together with a co-defendant who is not a party to this proceeding, was adjudged guilty of robbery in the first degree. Alburquerque appealed to the Appellate Division, Second Department, where he argued, inter alia, that the trial court erred in denying his objection to the composition of the jury panel without affording him a suitable opportunity to air his claim. The Appellate Division affirmed the conviction without opinion, People v. Alburquerque, 61 App. Div.2d 1141, 402 N.Y.S.2d 699 (2d Dept. 1978), and the Court of Appeals denied leave to appeal, People v. Alburquerque, 44 N.Y.2d 853, 406 N.Y.S.2d 1030, 378 N.E.2d 128 (1978).
While still in state custody on Long Island, Alburquerque filed a petition for a writ of habeas corpus in the court below premised solely upon the alleged deprivation of Sixth and Fourteenth Amendment rights resulting from the availability to women of an exemption from service under the New York jury selection statute. Although Alburquerque’s objection had been raised in writing and prior to trial, respondents urged that because Alburquerque had not at that time submitted detailed figures and statistics regarding the number of women willing to serve on juries, he had failed to comply with Criminal Procedure Law § 270.10(2)’s requirement that “. . . the facts constituting the ground [771]*771of challenge . . .’’be set forth. Consequently, respondents argued that relief was barred under the doctrine of Wainwright v. Sykes, supra3 Alternatively, respondents asserted that owing to Alburquerque’s failure to submit such data to the state trial judge, he had not raised a challenge of constitutional dimension, that the state courts had not been presented an opportunity to rule upon the matter and that consequently, Alburquerque had not exhausted his state remedies.
Recognizing the expertise of the state courts in deciding whether their own statutes have been sufficiently followed and in view of the silence of the state appellate courts on the subject, Judge Platt attempted to fashion a procedure whereby the local courts would render a determination on the limited issue of Alburquerque’s waiver of objection to the composition of his jury panel. While retaining jurisdiction over the case, the district judge invited the state courts to make an express finding on the issue of Alburquerque’s compliance with the pretrial objection provision of Criminal Procedure Law § 270.10. In effect, the issue was remanded to the state courts with a request to rule explicitly on “the question of whether petitioner has waived as a matter of state law his right to a hearing on the issue of whether the procedure employed to select a jury . . . comported with the applicable constitutional requirement . .” In the event it was concluded that there was no waiver of objection, the state courts were further invited to pass upon the merits of Alburquerque’s claim.
Thereafter, the Appellate Division issued an order which held, in essence, that Alburquerque had not waived his objection to the composition of the jury panel, but that his challenge, as framed at the pretrial hearing, was simply not of constitutional magnitude. The court in pertinent part stated:
If defendant had contended upon the trial that he was deprived of a fair trial because the jury was not selected from a representative cross section of the community, and specifically because women were systematically excluded from the jury pool and that this violates his rights under the Sixth and Fourteenth Amendments to the Federal Constitution, we would have remanded the case to the Criminal Term to take testimony on that issue. However, in this case the only objection that defendant made was that the pool from which the panel was drawn and the resulting panel did not have enough women on it. Therefore, we did not reach the constitutional question.
Interpreting this ruling as a finding of compliance with the procedural requirements of Criminal Procedure Law § 270.10 and attempting to satisfy all portions of the district court’s .request on remand, Alburquerque next moved in the State Supreme Court for a hearing in which he could obtain an adjudication of his claim. The State Supreme Court held, however, on the basis of the Appellate Division’s order, that Alburquerque’s failure to plead a constitutional challenge before trial precluded the right to a hearing in subsequent proceedings.
Returning to the district court after the state proceedings, Albuquerque argued that the federal court should address the merits of his claim. With the somewhat dubious benefits of the additional state court opinions, however, Judge Platt held that Alburquerque’s pretrial challenge to the jury panel was a “general objection” only and [772]*772that he had failed to raise sufficiently a constitutional issue which would have entitled him to a more extensive hearing. Under these circumstances, the court ruled that an adequate state procedural ground barred collateral attack in the federal court upon the jury selection process. Wainwright v. Sykes, supra. Judgment was entered dismissing the petition, although Alburquerque was granted a certificate of probable cause.
II.
[WAIVER OF OBJECTION THROUGH NONCOMPLIANCE WITH STATE PROCEDURAL RULE]
The court below, and it would seem the state courts as well, have in their treatment of this case consistently confused two separate inquiries: that is, they have blurred the distinction between the question of whether there has been a waiver of objection through noncompliance with procedural rules and the issue of whether Alburquerque’s initial challenge to the method employed in selecting his jury panel has presented a constitutional controversy. Plainly, a party may raise a challenge without implicating federally protected rights or interest, but it does not follow that in that circumstance one has failed to satisfy procedural prerequisites for voicing the objection. The state court’s view that Alburquerque did not mount a constitutional challenge does not mandate a finding that he flouted procedural requirements for raising the issue.
Compliance with a state’s pretrial motion rule is a question of state law, see Wainwright v. Sykes, supra, while the issue of whether one has asserted a constitutional claim is determined under federal law, Street v. New York, 394 U.S. 576, 583, 89 S.Ct. 1354, 1361, 22 L.Ed.2d 572 (1969). In the instant case, we find that Alburquerque fully satisfied Criminal Procedure Law § 270.10, and further hold that in so doing, he raised a challenge of constitutional proportions to New York’s then operative jury composition statute.
A. Compliance With Procedural Requirements
We disagree with the district court’s finding that relief is barred by failure to comport with state procedural requirements for two reasons. First, in our view, the state courts’ opinions do not establish in any sense a disregard of the dictates of Criminal Procedure Law § 270.10. Second, our own analysis of the pretrial proceedings in the trial court leads us to conclude that there has been substantial compliance with that statute.
As to the former, we note that the state courts never expressly found a contravention of their procedural requirements. Neither the Appellate Division nor the Supreme Court stated that there was disregard of any of the requirements set forth in Criminal Procedure Law § 270.10 — namely, that the objection be in writing, be raised before trial, and cite the facts constituting the ground upon which it is based. To the contrary, the Appellate Division’s statements made in response to Judge Platt’s remand request did not indicate that there had been a waiver of objection but merely demonstrated that the trial court had acted correctly in declining to engage in extended fact-finding since the claim, as framed by Alburquerque, did not warrant such consideration. Additionally, refusing the motion for a hearing, the State Supreme Court subsequently concluded that the Appellate Division’s opinion intimated that Alburquerque had not waived his right to a hearing. Thus, the state courts have never adopted respondents’ position that Alburquerque’s initial failure to submit sufficient data was tantamount to noncompliance with Criminal Procedure Law § 270.10. We express no view on what effect a clear and unambiguous state court finding of noncompliance would have upon us; it suffices for present purposes to observe that no reasoned, factually substantiated opinion has been rendered by the state courts holding that Alburquerque did not meet the procedural requirements for challenging the method of composing his jury panel.
[773]*773Furthermore, based on our own analysis of the proceedings below, we find that there was substantial compliance with applicable state law. Ronson v. Commissioner of Correction, 604 F.2d 176 (2d Cir. 1979). Without conceding the importance of statistics to the viability of Alburquerque’s claim, we note that it cannot be determined from the record whether he had, prior to trial, compiled sufficient statistics with which to vindicate his claim. Plainly, he was cognizant of the importance of mathematical computation since he requested that the trial judge declare for the record the number of women who eventually appeared in the jury panel.
Moreover, a review of the colloquy between court and counsel reveals that Alburquerque simply was not afforded the opportunity to make a factual presentation. The court, aware of the basis of his claims and indicating familiarity with the holding in Taylor v. Louisiana, supra, rather tersely distinguished, on legal grounds, the New York statute from the Louisiana statute which had been struck down by the Supreme Court. In view of this dispositive ruling Alburquerque had no occasion to adduce facts and figures in support of his claim which, regardless of the data that might have been presented, had just been doomed by the ruling of the trial judge.
Whatever opportunity Alburquerque may have had to adduce pertinent information at the pretrial proceeding, and regardless of his readiness at that time to present detailed data, we hold that under the circumstances of this case the lack of statistical documentation was not, in the words of the statute, a failure to set forth “the facts constituting the ground of challenge.” In our view, that critical phrase must be literally construed; objections must state the facts forming the theoretical underpinnings for the challenge. Such “facts,” however, are obviously something other than the facts which are ultimately required to vindicate the claim and obtain relief. This is manifest in the plain language of Criminal Procedure Law § 270.10 which distinguishes between facts essential to the raising of an objection and those necessary to sustain it. Wainwright v. Sykes, supra, will bar habeas corpus review only when the former situation pertains.
Alburquerque has complied with the “facts” requirement of Criminal Procedure Law § 270.10 because he has stated the legal basis for his challenge, namely, the Supreme Court’s holding in Taylor v. Louisiana, supra, and the assertion that the then prevailing New York jury composition statute, in operation, did not comport with the constitutional principle therein announced. Clearly, substantial documentation would have been required in order to validate his claim. However, since Alburquerque set forth the facts upon which his challenge is based, he has preserved the matter for collateral attack in the federal courts.
We find further support for our interpretation of the statute in the policies underlying the deference which Wainwright v. Sykes, supra, compels us to give to state procedural rules. The stated purpose of requiring timely and adequate pretrial objections is to alert the state to the challenge so as to enable it to respond meaningfully, People v. Parks, 41 N.Y.2d 36, 390 N.Y.S.2d 848, 359 N.E.2d 358 (1976); People v. Prim, 40 N.Y.2d 946, 390 N.Y.S.2d 407, 358 N.E.2d 1033 (1976), and further to prevent the necessity of a second trial with its attendant logistical difficulties. See Francis v. Henderson, 425 U.S. 536, 540, 96 S.Ct. 1708, 1710, 48 L.Ed.2d 149 (1976), citing Davis v. United States, 411 U.S. 233, 93 S.Ct. 1577,36 L.Ed.2d 216 (1973) (purpose of requiring pretrial objection to grand jury procedures). Alburquerque’s objection satisfied those considerations: respondents were made aware of the fact of the challenge and its theoretical underpinnings, and thus had ample opportunity to respond in an appropriate manner.4
[774]*774The New York precedents cited to us by respondents do not persuade us to the contrary. Those cases do not involve adherence to the requirements of Criminal Procedure Law § 270.10; rather, they discuss the sufficiency of the evidence presented in support of the merits of those claims. People v. Huffman, 41 N.Y.2d 29, 390 N.Y.S.2d 843, 359 N.E.2d 353 (1976); People v. Parks, supra; but see People v. Liberty, 67 App. Div.2d 776 (3d Dept. 1979). If one has failed to present to the state court sufficient evidence to obtain relief on the merits but has otherwise complied with procedural requirements necessary to raise the claim, federal habeas corpus review will not be barred. See, e. g., Collins v. Auger, 577 F.2d 1107 (8th Cir. 1978), cert. denied, 439 U.S. 1133, 99 S.Ct. 1057, 59 L.Ed.2d 96 (1979); Thergood v. Tedford, 473 F.Supp. 339 (D.Conn.1978). Accordingly, we find compliance with the procedural requirements of Criminal Procedure Law § 270.10.
B. Assertion of a Federal Right and Exhaustion of State Remedies
Even though Alburquerque’s challenge to the jury selection system under the prevailing New York statute met the procedural requirements of Criminal Procedure Law § 270.10, the district court would not have had jurisdiction over the matter unless a federal or constitutional issue had been presented for state adjudication. Johnson v. Metz, 609 F.2d 1052, 1055 (2d Cir. 1979); see also Gayle v. LeFevre, 613 F.2d 21, 22-23 (2d Cir. 1980). “The issue whether a federal question was sufficiently and properly raised in the state courts is itself ultimately a federal question, as to which this Court is not bound by the decision of the state courts.” Street v. New York, supra, 394 U.S. at 583, 89 S.Ct. at 1361 (footnote omitted).
Even a cursory review of the transcript of the pretrial hearing reveals that a constitutional right had been invoked plainly and unambiguously. At the very outset of the proceeding, Alburquerque explicitly predicated his challenge on the Supreme Court’s holding in Taylor v. Louisiana, supra, a case construing the right to trial by jury in light of a state jury composition procedure which operated to exclude women from the venire. The remarks of both the assistant district attorney and the court indicated an understanding that the issue posed involved a federal constitutional right. Perhaps most significantly, the matter was disposed of not upon any finding of nonconformity with state procedure, but rather by distinguishing the New York jury selection statute from that condemned on constitutional grounds in Taylor v. Louisiana, supra. Under the circumstances, it is difficult to conceive how a federal right could be asserted more forthrightly or directly.
As Alburquerque argued in his brief to this Court, the only clear differences between his formulation of the issue at trial and the Appellate Division’s formulation on remand of a proper constitutional challenge are the absence of the words “systematically excluded” and the specific allegation of deprivation of a fair trial. We refuse to give talismanic qualities to those terms. As the Supreme Court noted in Street v. New York, supra, 394 U.S. at 584, 89 S.Ct. at 1361, quoting Bryant v. Zimmerman, 278 U.S. 63, 67, 49 S.Ct. 61, 63, 73 L.Ed. 184 (1928):
There are various ways in which the validity of a state statute may be drawn in question on the ground that it is re[775]*775pugnant to the Constitution of the United States. No particular form of words or phrases is essential, but only that the claim of invalidity and the ground therefor be brought to the attention of the state court with fair precision and in due time. And if the record as a whole shows either expressly or by clear intendment that this was done, the claim is to be regarded as having been adequately presented.
The respondents make the additional argument that Alburquerque has not exhausted his state remedies because the New York courts were not given a fair opportunity to pass on the challenge to the jury panel. In light of the discussion above, we find this argument to be without merit.
Accordingly, we hold that the court below erred in dismissing the petition for failure to comply with state procedural rules, and that no further impediment to the court’s jurisdiction exists since the constitutional issue, as presented below, was properly raised in and rejected by the state courts.
III.
[PROCEEDINGS ON REMAND]
Having proceeded this far, we would customarily adjudicate the merits of Alburquerque’s claim since we are in as favorable a position as the court below to make determinations of law. A review of the governing authorities indicates that vindication on the merits of the claim presented requires additional fact-finding, a procedure for which we are not well suited, and we consequently must remand this action. Anderson v. Casscles, 531 F.2d 682 (2d Cir. 1976); 28 U.S.C. § 2254(d)(3).
Taylor v. Louisiana, supra, held that jury composition methods which, to a significant degree, result in the systematic exclusion of distinctive groups are repugnant to the Sixth Amendment unless there exist compelling state interests which justify disparities between the make-up of the venire and the community from which it is drawn. Id., 419 U.S. at 538, 95 S.Ct. at 701. Subsequently, in Duren v. Missouri, supra, 439 U.S. at 360, 99 S.Ct. at 666, the Court discussed the degree of permissible disparity between the composition of the venire and the community from which it is drawn, stating: “systematic exclusion of women that results in jury venires averaging less than 15% female violates the Constitution’s fair-cross-section requirement.”
Consequently, we remand to the district court to consider the statistical deviation between the percentage of women in the community at large and as represented in the array from which Alburquerque’s panel was chosen. Additionally, respondents must be afforded the opportunity to aver any compelling state interest which might excuse disproportionate representation of women, if such is found to exist.
Finally, the court may wish to consider whether the claim is barred by the Supreme Court’s holdings regarding the retroactivity of its pronouncements concerning methods of jury composition. In Daniel v. Louisiana, 420 U.S. 31, 95 S.Ct. 704, 42 L.Ed.2d 790 (1975), the Court’s prior decision in Taylor v. Louisiana, supra, was held inapplicable to convictions obtained prior to the date of Taylor’s announcement, and in Lee v. Missouri, 439 U.S. 461, 99 S.Ct. 710, 58 L.Ed.2d 736 (1979), the Court stated that the application of the principle of Duren v. Missouri, supra, was retroactive to the issuance of the opinion in Taylor. In the instant case, the array was summoned prior to Taylor, but apparently the panel was formed and the petit jury selected and sworn subsequent to the announcement of that opinion. The court below may thus wish to consider whether Alburquerque’s conviction was obtained from a jury which, under applicable law, was “empanelled” or “sworn” upon being summoned for duty, and was thus a pre-Taylor jury, or whether the operative event was the actual administration of the oath to his petit jury, as to which the Taylor holding would then apply.
The judgment of the district court is vacated and the case remanded for further proceedings not inconsistent with this opinion.