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UNITED STATES EX REL. ROBERTS v. TERNULLO

No. 75 C 758A.

407 F.Supp. 1172 (1976)

UNITED STATES of America ex rel. Daniel H. ROBERTS, Petitioner, v. Vito TERNULLO, Superintendent, Fishkill Correctional Facility, Beacon, New York, Respondent.

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

January 7, 1976.

Attorney(s) appearing for the Case

Kalman V. Gallop, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen. of N. Y. by Lillian Z. Cohen, Asst. Atty. Gen., New York City, for respondent.

MEMORANDUM AND ORDER

NEAHER, District Judge.

Petitioner, Daniel H. Roberts, a State prisoner, has applied for a writ of habeas corpus, 28 U.S.C. § 2241, et seq., challenging the legality of his confinement on the claim that his conviction resulted from evidence obtained through illegal search and seizure.

Petitioner was convicted on July 23, 1973 of multiple counts of forgery and the making of an apparently sworn false statement, and...

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