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UNITED STATES v. SOYKA

No. 66 Cr. 461.

265 F.Supp. 126 (1967)

UNITED STATES of America, v. Frank SOYKA, Defendant.

United States District Court S. D. New York.

March 10, 1967.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., for the United States; Charles P. Sifton, Asst. U. S. Atty., of counsel.

Selig Lenefsky, New York City, for defendant.

MEMORANDUM

FREDERICK van PELT BRYAN, District Judge.

This is a motion pursuant to Rule 41 (e), F.R.Cr.P., to suppress as evidence 27.430 grams of heroin hydrochloride seized incident to the arrest of defendant Soyka and to obtain other relief. An evidentiary hearing was held before me on the motion to suppress on November 2, 1966.

The validity of the search in this case depends upon the validity of the...

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