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UNITED STATES v. LaVALLEE

No. 152, Docket 29040.

341 F.2d 823 (1965)

UNITED STATES of America ex rel. John ROSS, Petitioner-Appellant, v. J. E. LaVALLEE, Warden of Clinton Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided February 23, 1965.

Attorney(s) appearing for the Case

Bruce McM. Wright, New York City (William C. Chance, Jr., and Malcolm C. McFadden, New York City, on the brief), for petitioner-appellant.

Lillian Z. Cohen, Deputy Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., and Iris Steel, Deputy Asst. Atty. Gen., New York City, on the brief), for respondent-appellee.

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

LUMBARD, Chief Judge:

By our permission, John Ross appeals from a denial of his application for habeas corpus by the District Court for the Northern District of New York, 28 U.S.C. §§ 2243, 2253. Ross is currently serving a seven and one-half to fifteen-year sentence for violation of New York's narcotics laws. He argues that his conviction is invalid because (1) his arrest was brought about solely on the basis of wiretap evidence and (2) the charges against...

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