UNITED STATES v. FAY

No. 363, Docket 28612.

333 F.2d 28 (1964)

UNITED STATES of America ex rel. Cuthbert EASTMAN, Relator-Appellee, v. Hon. Edward M. FAY, as Warden of Green Haven Prison, Stormville, New York, and the People of the State of New York, Respondents-Appellants.

United States Court of Appeals Second Circuit.

Decided June 15, 1964.


Attorney(s) appearing for the Case

Leon B. Polsky, New York City (Anthony F. Marra, New York City, on the brief), for relator-appellee.

Ronald J. Offenkrantz, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., and Irving Galt, Asst. Solicitor General, on the brief), for respondents-appellants.

Before FRIENDLY, HAYS and MARSHALL, Circuit Judges.


PER CURIAM.

Relator seeks habeas corpus claiming that his confinement under a state court conviction violates the fourth amendment because of an illegal search and seizure. The alleged search and seizure occurred on or about February 25, 1956. Relator's conviction became final on July 23, 1956, when his appeal from the judgment of conviction was dismissed for lack of prosecution. In granting the writ, Judge Tyler held that relator was entitled to relief under Mapp...

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