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UNITED STATES EX REL. GARY v. FOLLETTE

No. 136, Docket 32998.

418 F.2d 609 (1969)

UNITED STATES ex rel. Alfred James GARY, Relator-Appellant, v. Harold W. FOLLETTE, Warden of Green Haven Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided November 17, 1969.

Attorney(s) appearing for the Case

John W. Castles, 3d, New York City, for appellant.

Stephen P. Seligman, Deputy Asst. Atty. Gen., State of New York (Louis J. Lefkowitz, Atty. Gen., State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief; Hillel Hoffman, Michael Jaffe, Asst. Attys. Gen., of counsel), for appellee.

Before FRIENDLY, HAYS and ANDERSON, Circuit Judges.

HAYS, Circuit Judge:

Appellant Alfred James Gary and two others were convicted in 1962 of criminally concealing and withholding stolen property after a jury trial in the County Court of Queens County, New York. At that trial, defendants moved to exclude certain evidence consisting of several business machines on the ground that there was no probable cause for defendants' arrest and that the seizure of the machines in connection with the arrest was therefore unlawful...

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