UNITED STATES v. FAY


225 F.Supp. 677 (1963)

UNITED STATES ex rel. Cuthbert EASTMAN, Relator-Petitioner, v. Edward M. FAY, Warden of Green Haven Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

December 5, 1963.


Attorney(s) appearing for the Case

Cuthbert Eastman, pro se.

Louis J. Lefkowitz, Atty. Gen., of State of New York, for respondent, Barry J. Lipson, Brooklyn, N. Y., of counsel.


TYLER, District Judge.

On March 14, 1956, Cuthbert Eastman ("petitioner") was convicted in the County Court of Kings County of the felony of possession of narcotics with intent to sell. He is currently serving the 7½ to 15 years sentence imposed upon him. On July 23, 1963, he filed the present application for a writ of habeas corpus on the grounds that both his Fourth Amendment (unreasonable search and seizure) and Fifth Amendment (double jeopardy) rights had...

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