UNITED STATES v. FAY


230 F.Supp. 158 (1964)

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

United States District Court S. D. New York.

May 26, 1964.


Attorney(s) appearing for the Case

Frank Realmuto, petitioner, pro se.

Louis J. Lefkowitz, Atty. Gen. of New York, for respondent, Mortimer Sattler, New York City, of counsel.


FEINBERG, District Judge.

Petitioner, Frank Realmuto, brings this pro se application for a writ of habeas corpus upon the ground that a 1963 New York first degree robbery conviction was based upon an indictment obtained in violation of his federal constitutional rights under the Fourth, Fifth, and Fourteenth Amendments.

The indictment in question, returned by the Grand Jury of Kings County on August 25, 1960, is alleged to have been based upon illegally seized...

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