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UNITED STATES EX REL. HEADLEY v. MANCUSI

Nos. 67 Civ. 169, 64 Civ. 2071 and 68 Civ. 1728.

392 F.Supp. 187 (1974)

UNITED STATES of America ex rel. Kenneth HEADLEY et al., Petitioners, v. Vincent R. MANCUSI, Warden, Attica Prison, Attica, New York, et al., Respondents.

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

July 25, 1974.

Attorney(s) appearing for the Case

Fuller, Lawton & Moyles, P. C., New York City, for petitioners; by William E. Fuller, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., for respondents; by Stanley L. Kantor, Brenda Soloff, Asst. Attys. Gen., of counsel.

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge.

In their consolidated petitions for habeas corpus1 petitioners Headley, Huntley and Sams raise four constitutional challenges to their 1960 conviction for armed robbery. They claim: (1) that the admission into evidence of an illegally seized gun violated the exclusionary rule laid down in Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d...

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