Reiff v. Department of Probation

NEAHER, District Judge.

Petitioner is currently serving a State sentence of probation entered upon a judgment of conviction for arson in the third degree, following his guilty plea on August 31, 1978. In applying for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, petitioner claims he was arrested in his home without a warrant and in the absence of exigent circumstances to justify such an arrest. As a result, he contends, his subsequent confession was coerced. He also attacks the constitutionality of New York Criminal Procedure Law § 140.15 (“CPL”), which apparently permits a warrantless…