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ANGELET v. FAY

No. 578.

381 U.S. 654 (1965)

ANGELET v. FAY, WARDEN.

Supreme Court of United States.

Decided June 7, 1965.

Attorney(s) appearing for the Case

Leon B. Polsky argued the cause and filed a brief for petitioner.

Gray Thoron argued the cause for respondent. On the brief were Louis J. Lefkowitz, Attorney General of New York, Samuel A. Hirshowitz, First Assistant Attorney General, Barry Mahoney, Assistant Attorney General, and Michael H. Rauch and Brenda Soloff, Deputy Assistant Attorneys General.

Michael Juviler argued the cause for the National District Attorneys' Association, as amicus curiae, urging affirmance. With him on the brief was H. Richard Uviller. Louis J. Lefkowitz, Attorney General of New York, Samuel A. Hirshowitz, First Assistant Attorney General, Barry Mahoney and Thomas F. O'Hare, Jr., Assistant Attorneys General, H. Richard Uviller and Michael Juviler filed a supplementary memorandum on behalf of the National District Attorneys' Association, as amicus curiae.

MR. JUSTICE CLARK delivered the opinion of the Court.

This is a companion case to No. 95, Linkletter v. Walker, ante, p. 618. Petitioner was convicted in a New York State court in 1951 for possession of narcotics with intent to sell. On December 21, 1950, two detectives attached to the Narcotics Squad of the New York City Police Department entered petitioner's apartment by a door opened by a painter who was just leaving. They ignored the protest of petitioner...

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