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UNITED STATES v. WEST

No. 28455.

328 F.2d 16 (1964)

UNITED STATES of America, Appellee, v. Elijah WEST, Appellant.

United States Court of Appeals Second Circuit.

Decided February 20, 1964.

Attorney(s) appearing for the Case

Michael J. Gillen, Asst. U. S. Atty., Eastern Dist. of New York, Brooklyn, N. Y. (Joseph H. Hoey, U. S. Atty. for Eastern Dist. of New York, and Gilbert A. Bond, Asst. U. S. Atty., Brooklyn, N. Y., on the brief), for appellee.

Arnold J. Goldstein, Brooklyn, N. Y. (Goldstein & Goldstein, Brooklyn, N. Y., on the brief), for appellant.

Before LUMBARD, Chief Judge, and WATERMAN and MARSHALL, Circuit Judges.

LUMBARD, Chief Judge.

This appeal turns on whether there was sufficient basis for the issuance of a night-time search warrant and whether the warrant was properly executed. As we find that the warrant was properly issued and enforced and there was ample proof of West's guilt on count 2, we affirm the judgment of the conviction.

Elijah West appeals from his conviction on two counts of an indictment which charged him in count 1 with unlawfully having in his...

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