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UNITED STATES EX REL. METZE v. STATE OF NEW YORK

No. 69 Civ. 1460.

303 F.Supp. 1359 (1969)

UNITED STATES of America ex rel. Lawrence METZE, Petitioner, v. The STATE OF NEW YORK and the Warden of Sing Sing Prison, Respondents.

United States District Court S. D. New York.

August 1, 1969.

Attorney(s) appearing for the Case

Eleanor Jackson Piel, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen. of New York, New York City, for respondents, Lillian Z. Cohen, Asst. Atty. Gen., of counsel.

OPINION

FRANKEL, District Judge.

This habeas corpus petition presents a serious question as to the validity under the Fourteenth Amendment — duplicating the Fourth for this purpose, Aguilar v. Texas, 378 U.S. 108, 110, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964) — of a search warrant leading to the conviction and prison sentence against which the writ is sought. More specifically, the problem centers upon the affidavit...

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