UNITED STATES v. WARDEN OF ATTICA STATE PRISON

No. 459, Docket 30874.

381 F.2d 209 (1967)

UNITED STATES of America ex rel. James ROGERS, Appellant, v. WARDEN OF ATTICA STATE PRISON, Attica, New York, Appellee.

United States Court of Appeals Second Circuit.

Decided June 15, 1967.

On Rehearing July 10, 1967.


Attorney(s) appearing for the Case

Gretchen White Oberman, New York City (Anthony F. Marra, The Legal Aid Society, New York City, on the brief), for appellant.

Amy Juviler, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen. of counsel), for appellee.

Before SMITH, KAUFMAN and HAYS, Circuit Judges.


IRVING R. KAUFMAN, Circuit Judge:

The underlying question presented on this appeal is whether a defendant who enters a guilty plea in a New York State court, knowing that he may subsequently challenge in the state's appellate process the denial of his pretrial motion to suppress evidence alleged to be the fruit of an illegal search and seizure, should be considered to have waived the right to raise his Fourth Amendment claims in the federal courts by way of an application...

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