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UNITED STATES EX REL. COMBS v. LA VALLEE

No. 678, Docket 32391.

417 F.2d 523 (1969)

UNITED STATES of America ex rel. George COMBS, Petitioner-Appellant, v. J. E. LA VALLEE, Warden, Clinton State Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided October 22, 1969.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., New York City (William H. Levit, Jr., New York City, of counsel), for appellant.

Hillel Hoffman, Asst. Atty. Gen. of the State of New York (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for appellee.

Before WATERMAN and HAYS, Circuit Judges, and BARTELS, District Judge.

HAYS, Circuit Judge:

George Combs appeals from an order of the United States District Court for the Southern District of New York denying his application for a writ of habeas corpus. We affirm.

The only question on this appeal is the legality, under the fourth and fourteenth amendments, of the seizure of certain evidence.

Appellant was convicted of robbery in the second degree upon a plea of guilty in Supreme Court, New York County. Before pleading...

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