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UNITED STATES v. LAVALLEE

No. 502, Docket 28667.

335 F.2d 230 (1964)

UNITED STATES of America ex rel. Leon E. WEST, Appellant, v. J. Edwin LaVALLEE, Warden of Clinton Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided July 21, 1964.

Attorney(s) appearing for the Case

Daniel I. Davidson, New York City (Anthony F. Marra, New York City, on the brief) (Lester S. Bardack, New York City, of counsel), for appellant.

Mortimer Sattler, Asst. Atty. Gen., (Louis J. Lefkowitz, Atty. Gen., of New York, on the brief) (Samuel A. Hirshowitz, First Asst. Atty. Gen., and Barry Mahoney, Deputy Asst. Atty. Gen., of counsel), for respondent-appellee.

Before FRIENDLY, SMITH and MARSHALL, Circuit Judges.

PER CURIAM.

In this habeas corpus proceeding, relator, a state prisoner held pursuant to a judgment of conviction of the Albany County Court of the crime of possession of narcotics with intent to sell, alleged that illegally seized evidence was introduced at his trial and that a confession obtained under duress was used against him, in violation of his rights under the Fourteenth Amendment. The court below dismissed the writ...

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