PEOPLE v. FAY


207 F.Supp. 595 (1962)

The PEOPLE OF the STATE OF NEW YORK ex rel. Irving ELLINGTON, Relator, v. Edward M. FAY, as Warden of Green Haven State Prison, Respondent.

United States District Court S. D. New York.

August 7, 1962.


Attorney(s) appearing for the Case

Irving Ellington, in pro. per., by Sidney Liss, Jamaica, N. Y., for petitioner.

Louis J. Lefkowitz, Atty. Gen., Frederick E. Weeks, Jr., Asst. Atty. Gen., Frank D. O'Connor, Dist. Atty., Queens County, N. Y., for respondent.


CASHIN, District Judge.

This is an application for a writ of habeas corpus claiming a violation of the relator's rights under the Fourth and Fifth Amendments of the United States Constitution. Accordingly, the court has jurisdiction to issue the writ.

Two previous applications were made to this court and both were denied on the ground that the prisoner had not exhausted his state remedies. However, since then he has exhausted his state remedies.

He...

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