PEOPLE EX REL. MIDDLETON v. LA VALLEE


17 A.D.2d 873 (1962)

The People of the State of New York ex rel. Theodore Middleton, Appellant, v. J. Edwin La Vallee, as Warden of Clinton Prison, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 31, 1962


Relator alleges that his constitutional rights were violated by an unlawful search and seizure of the pertinent weapon at the time of his arrest and by the use of the evidence thus procured before the Grand Jury as the basis for his indictment. In the instant context these questions may not be examined by habeas corpus. (People ex rel. Singfield v. Jackson, 7 A.D.2d 668; People ex rel. Horowitz v. Morhous, 275 App. Div. 868...

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