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UNITED STATES v. BUONO

No. 66 Civ. 623.

257 F.Supp. 504 (1966)

UNITED STATES of America ex rel. Dominick LA MONICA, Petitioner, v. Francis BUONO, Warden of the New York City, Penitentiary, Respondent.

United States District Court S. D. New York.

April 6, 1966.

Attorney(s) appearing for the Case

Legal Aid Society, City of New York, New York City (Gretchen White Oberman, New York City, of counsel), for petitioner.

Frank S. Hogan, Dist. Atty., New York County (H. Richard Uviller, Alan F. Leibowitz, New York City, of counsel), for respondent.

MEMORANDUM

THOMAS F. MURPHY, District Judge.

Petitioner, accused by the state of burglary, larceny and possession of burglar's tools made a motion in the state court to suppress evidence allegedly seized in an illegal search, and was successful. People v. Cassone, 35 Misc.2d 699, 230 N.Y.S.2d 822, (N.Y.Ct. Gen.Sess.1962). However, the Appellate Division reversed, People v. La Monica, 20 A.D.2d 861...

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