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UNITED STATES v. FOLLETTE

No. 232, Docket 31840.

391 F.2d 231 (1968)

UNITED STATES of America ex rel. John J. MOLLOY, Relator-Appellant, v. Harold W. FOLLETTE, Warden of Green Haven Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided February 27, 1968.

Attorney(s) appearing for the Case

C. Dickerman Williams, New York City, for relator-appellant.

Brenda Soloff, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., State of New York; Samuel A. Hirshowitz, First Asst. Atty. Gen., on brief), for respondent-appellee.

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

FRIENDLY, Circuit Judge.

John J. Molloy was charged by the State of New York with attempted grand larceny of an automobile. He moved for the suppression of the automobile registration card found upon his person as a result of an allegedly illegal search. The Supreme Court, Queens County, denied the motion. Molloy then pleaded guilty and was convicted and sentenced. Despite this, as permitted by the final paragraph of § 813-c of the New York Code of Criminal Procedure...

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