UNITED STATES v. BHONO

No. 66 Civ. 303.

256 F.Supp. 391 (1966)

UNITED STATES of America ex rel. Charles FARRUGIA, Petitioner, v. Francis BHONO, as Warden of Rikers Island Penitentiary, Respondent.

United States District Court S. D. New York.

July 20, 1966.


Attorney(s) appearing for the Case

Anthony F. Marra, New York City, for petitioner; Joshua N. Koplovitz, New York City, of counsel.

Nat H. Hentel, Dist. Atty. of Queens County, Kew Gardens, N. Y., for respondent; Benjamin J. Jacobson, Asst. Dist. Atty., of counsel.


WEINFELD, District Judge.

Petitioner, now serving an indeterminate sentence of up to three years in the New York City penitentiary, imposed under a judgment of conviction entered upon a jury verdict for felonious possession of a dangerous weapon, a .32 automatic pistol, seeks his release upon a federal writ of habeas corpus, claiming that the weapon had been seized in violation of his rights under the Fourth Amendment. Petitioner challenged the reasonableness of the...

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