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UNITED STATES v. DENNO

220 F.Supp. 890 (1963)

UNITED STATES ex rel. Charles EMERICK, Petitioner, v. Wilfred L. DENNO, as Warden of Sing Sing Prison, Ossining, New York, Respondent.

United States District Court S. D. New York.

July 31, 1963.

Attorney(s) appearing for the Case

Anthony F. Marra, New York City, for petitioner; Leon B. Polsky, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., State of New York, for respondent; Samuel A. Hirshowitz, First Asst. Atty. Gen., Gretchen White Oberman, Asst. Atty. Gen., and Ronald J. Offenkrantz, Deputy Asst. Atty. Gen., State of New York, of counsel.

METZNER, District Judge.

This is a petition for habeas corpus by a state prisoner who claims that illegally seized evidence was admitted at his trial and therefore he is entitled to be released under the rule of Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961).

Petitioner was sentenced on March 19, 1959 and no appeal was taken from the judgment of conviction. No objection to the admission of the evidence was...

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