UNITED STATES v. FAY


223 F.Supp. 373 (1963)

UNITED STATES of America ex rel. Edward SCOTTALINE, Petitioner, v. Edward M. FAY, Warden of Green Haven Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

November 12, 1963.


Attorney(s) appearing for the Case

Edward Scottaline, pro se.

Louis L. Lefkowitz, Atty. Gen. of the State of New York, Vincent A. Marsicano, New York City, Asst. Atty. Gen., of counsel, for respondent.


WEINFELD, District Judge.

Petitioner attacks a judgment of conviction entered upon his plea of guilty with the advice of counsel in the Kings County Court of the State of New York upon the ground that the evidence submitted to the grand jury was obtained in violation of his rights under the Fourth Amendment to the Federal Constitution. He alleges that police officers conducted an illegal search of his apartment and illegally seized a revolver which was the subject...

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