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UNITED STATES EX REL. LUNDERGAN v. McMANN

No. 619, Docket 32935.

417 F.2d 519 (1969)

UNITED STATES of America ex rel. Dennis M. LUNDERGAN, Relator-Appellant, v. Daniel McMANN, Warden of Auburn Prison, Auburn, New York, Respondent.

United States Court of Appeals Second Circuit.

Decided August 29, 1969.

Attorney(s) appearing for the Case

Matthew Muraskin, Mineola, N. Y. (James J. McDonough, Legal Aid Society of Nassau County, N. Y., Daniel J. Dillon, Mineola, N. Y., of counsel), for relator-appellant.

Burton Herman, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondent.

Before WATERMAN, FRIENDLY and KAUFMAN, Circuit Judges.

FRIENDLY, Circuit Judge:

Dennis M. Lundergan, indicted in 1965 in Nassau County, New York, for grand larceny and burglary, moved in the County Court to suppress the allegedly stolen goods, a maroon and gold jewelry box and a metal strong box, which had been seized from his wife's automobile while it was in his possession. On June 1, 1966, the motion was denied after a hearing. Lundergan was allowed to plead guilty to the...

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