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UNITED STATES v. LaVALLEE

No. 452, Docket 28655.

334 F.2d 331 (1964)

UNITED STATES of America ex rel. James P. CARAFAS, Appellant, v. J. Edwin LaVALLEE, Warden, Auburn Prison, Auburn, New York, Appellee.

United States Court of Appeals Second Circuit.

Decided June 22, 1964.

Attorney(s) appearing for the Case

James P. Carafas, pro se.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City (Samuel A. Hirshowitz, First Asst. Atty. Gen., and Barry Mahoney and Brenda Soloff, Deputy Asst. Attys. Gen., of counsel), for appellee.

Before MOORE, KAUFMAN and MARSHALL, Circuit Judges.

KAUFMAN, Circuit Judge.

Contending that the fruits of an unlawful search and seizure were improperly admitted into evidence at his trial, a New York prisoner convicted before the Supreme Court's decision in Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961), but whose appeal was pending when that decision was rendered, here seeks to invalidate his conviction under the Fourteenth Amendment's due process clause. While the...

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