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OVERTON v. RIEGER

No. 69 Civ. 4006.

311 F.Supp. 1035 (1970)

Carlos OVERTON, Petitioner, v. Raymond C. RIEGER, Director of the Department of Probation of the County of Westchester, Respondent.

United States District Court, S. D. New York.

April 6, 1970.

Attorney(s) appearing for the Case

David C. Gilberg, Mt. Vernon, N. Y., Eleanor H. Norton, American Civil Liberties Union, New York City, for petitioner.

Carl A. Vergari, Dist. Atty., Westchester County, White Plains, N. Y., for respondent; James J. Duggan, Asst. Dist. Atty., of counsel.

MEMORANDUM

COOPER, District Judge.

Petitioner seeks a writ of habeas corpus alleging that he was adjudicated a Youthful Offender by the Court of Special Sessions of the City of Mount Vernon, New York, on June 8, 1965 and sentenced to indefinite probation up to five years at the discretion of the court.

The gravamen of the petition is that the evidence against him was illegally seized from his school locker opened for police by the school's vice-principal...

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