PEOPLE EX REL. SCHAURER v. FOGG


92 A.D.2d 647 (1983)

The People of the State of New York ex rel. Marvin H. Schaurer, Appellant, v. Walter Fogg, as Superintendent of The Eastern Correctional Facility, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 10, 1983


Petitioner is serving a sentence of 12½ to 25 years in prison upon his conviction on two counts of robbery, first degree, and two counts of larceny, second degree. The judgment of conviction was affirmed on appeal (People v Schaurer, 70 A.D.2d 790, mot for lv to app den 48 N.Y.2d 642). In his petition for a writ of habeas corpus, petitioner alleges that the police lacked probable cause for his arrest and that the Judge erred in both denying suppression of physical...

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