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UNITED STATES v. LaVALLEE

No. 66 Civ. 4520.

279 F.Supp. 248 (1967)

UNITED STATES of America ex rel. James NICKENS, Petitioner, v. Hon. J. E. LaVALLEE, as Warden of Auburn State Prison, Auburn, New York, Respondent.

United States District Court S. D. New York.

September 14, 1967.

Attorney(s) appearing for the Case

Anthony F. Marra, New York City, for petitioner; Joshua N. Koplovitz, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., of State of New York, New York City, for respondent; John G. Proudfit, Asst. Atty. Gen., of counsel.

MEMORANDUM

THOMAS F. MURPHY, District Judge.

The Court of Appeals by order dated December 7, 1966, remanded this writ for an evidentiary hearing on the issue of illegal search and seizure. It appeared on our calendar in Part I on August 21st and we held the hearing on August 30, 1967.

Although relator's counsel called Detective McDonnell, the arresting officer, as his first witness and reviewed with him the pertinent events of March 11, 1962, he...

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