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UNITED STATES v. SOYKA

No. 177, Docket 31583.

394 F.2d 443 (1968)

UNITED STATES of America, Plaintiff-Appellee, v. Frank SOYKA, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 18, 1968.

On Rehearing May 21, 1968.

Attorney(s) appearing for the Case

Joshua N. Koplovitz, New York City (Selig Lenefsky, New York City, on the brief), for defendant-appellant.

Frederick F. Greenman, Jr., Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., Pierre Leval and David M. Dorsen, Asst. U. S. Atty's, on the brief), for plaintiff-appellee.

Before WATERMAN, FRIENDLY and SMITH, Circuit Judges.

On Rehearing May 21, 1968, In Banc.

J. JOSEPH SMITH, Circuit Judge:

Frank Soyka, convicted after trial to the jury in the United States District Court for the Southern District of New York, Richard H. Levet, Judge, of possession of illegally imported narcotics knowing it to have been illegally imported, in violation of 21 U.S.C. §§ 173 and 174, appeals. We find error in the denial of a motion to suppress evidence obtained in a search of Soyka's apartment...

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