No. 71.

391 U.S. 234 (1968)


Supreme Court of United States.

Decided May 20, 1968.

Attorney(s) appearing for the Case

James J. Cally argued the cause and filed briefs for petitioner.

Brenda Soloff, Assistant Attorney General of New York, argued the cause for respondent. With her on the brief were Louis J. Lefkowitz, Attorney General, Samuel A. Hirshowitz, First Assistant Attorney General, and Michael H. Rauch, Assistant Attorney General.

MR. JUSTICE FORTAS delivered the opinion of the Court.

This case has a lengthy procedural history. In 1960, petitioner was convicted of burglary and grand larceny in New York state court proceedings and was sentenced to concurrent terms of three to five years. On direct appeal (following Mapp v. Ohio, 367 U.S. 643 (1961)), petitioner claimed that illegally obtained evidence had been introduced against him at trial. The...

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