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UNITED STATES EX REL. SCOTT v. LaVALLEE

No. 74 Civ. 1508(MP).

379 F.Supp. 111 (1974)

UNITED STATES of America ex rel. Robert SCOTT, a/k/a Doc Scott, Petitioner, v. J. E. LaVALLEE, Superintendent, Clinton Correctional Facility, Respondent.

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

July 25, 1974.

Attorney(s) appearing for the Case

Robert Scott, pro se.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, by Ralph Lewis McMurray, New York City, for respondent.

OPINION

POLLACK, District Judge.

Petitioner, presently in state custody in the Clinton Correctional Facility, seeks a writ of habeas corpus. He was convicted of assault and possession of a weapon by a jury in Westchester County Court in July 1972. Petitioner cites alleged error of the state court in permitting the use of evidence seized from his person in violation of the Fourth and Fourteenth Amendments and also claims that the trial judge improperly remanded...

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