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UNITED STATES EX REL. RANDAZZO v. FOLLETTE

No. 86, Docket 32323.

418 F.2d 1319 (1969)

UNITED STATES ex rel. Joseph RANDAZZO, Petitioner-Appellant, v. Harold W. FOLLETTE, Warden of Green Haven Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided December 4, 1969.

Attorney(s) appearing for the Case

Peter Lushing, New York City (Milton Adler, The Legal Aid Society, New York, New York, of counsel), for appellant.

Joel H. Sachs, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., Hillel Hoffman, Asst. Atty. Gen., Frank I. Strom, II, Deputy Asst. Atty. Gen., of State of New York, of counsel), for appellee.

Before MOORE, KAUFMAN and HAYS, Circuit Judges.

HAYS, Circuit Judge:

A judgment of conviction was entered against appellant Joseph Randazzo in 1962 in Supreme Court, New York County upon a plea of guilty1 to a charge of violation of the statutes dealing with narcotics.2 Before he pleaded guilty, appellant moved to suppress evidence consisting of thirty-one ounces of heroin seized at the time of his arrest, claiming...

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