BASS v. SCULLY

No. 82 Civ. 3576 (MEL).

556 F.Supp. 778 (1983)

Phillip BASS, Petitioner, v. Charles SCULLY, Warden, Green-Haven Correctional Facility, Robert Abrams, Attorney General of the State of New York, and District Attorney of White Plains, New York, Respondents.

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

February 17, 1983.


Attorney(s) appearing for the Case

William M. Kunstler, Mark B. Gombiner, New York City, for petitioner; Robert H. Gombiner, Brooklyn, N.Y., of counsel.

Carl A. Vergari, Dist. Atty. of Westchester County, White Plains, N.Y., for respondents; Terry Jane Ruderman, Gerald D. Reilly, Asst. Dist. Attys., White Plains, N.Y., of counsel.


LASKER, District Judge.

Phillip Bass petitions for a writ of habeas corpus on the grounds that: (1) the trial court's decision to bind and gag him during the voir dire of the jury deprived him of his right to a fair trial; (2) weapons and contraband introduced by the State at trial should have been suppressed as the fruits of an unconstitutional search and seizure; and (3) the eyewitness identification testimony admitted...

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