United States of America Ex Rel. Mark Fein v. John T. Deegan, as Warden of Sing Sing Prison, State of New York

BARTELS, District Judge:

Following his conviction for second degree murder in the State Supreme Court, Mark Fein, the appellant, moved for a new trial asserting a number of claims. Those raising the most serious questions are (i) the suppression by the prosecution of the name and story of Dagmar Finch Generazio; (ii) the admission into evidence, without a hearing, of a chair allegedly obtained by means of an illegal search and seizure; and (iii) the use of a Blue Ribbon Jury at appellant’s trial.

After an extensive hearing1 by the trial court (Culkin, J.), the motion was denied. The Appellate…