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FENSTER v. LEARY

No. 66 Civ. 1927.

264 F.Supp. 153 (1967)

Charles FENSTER, Plaintiff, v. Howard R. LEARY, as Commissioner of Police of the City of New York, and Aaron E. Koota, as District Attorney of the County of Kings, Defendants.

United States District Court S. D. New York.

Judgment affirmed February 13, 1967.

Attorney(s) appearing for the Case

Emanuel Redfield, New York City, for plaintiff.

J. Lee Rankin, Corp. Counsel, New York City, Robert Bentley, of counsel for defendant Police Commissioner.

Louis J. Lefkowitz, Atty. Gen. of New York, New York City, Joel Lewittes, New York City, of counsel for defendant District Attorney.

Before KAUFMAN, Circuit Judge, and MANSFIELD and TENNEY, District Judges.

Judgment affirmed February 13, 1967. See 87 S.Ct. 862.

OPINION

TENNEY, District Judge:

On motion of plaintiff, a three-judge court has been convened pursuant to Title 28 U.S.C. § 2284 (1964). Plaintiff seeks an order enjoining the defendants from prosecuting him under subdivision 1 of Section 887 of the Code of Criminal Procedure of the State of New York, which plaintiff contends violates the fourteenth amendment by denying him due process of...

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