Legal Opinion
Denti v. Commissioner of Correctional Services
District Court, S.D. New York
Decided October 26, 1976No. 75 Civ. 5213PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM
LASKER, District Judge.
Petitioner, Joseph Denti, is currently serving an indeterminate prison term of three years for a New York State gambling violation. He seeks a writ of habeas corpus, challenging his conviction on the grounds that 1) it was based on evidence seized in violation of the Fourth Amendment; 2) the trial court’s instructions to the jury were so erroneous as to deny due process; and 3) scienter was established by virtue of an unconstitutional presumption contained in N.Y. Penal Law § 225.35(1), under which proof of possession of gambling records is presumptive…
2Cases cited21 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Stone v. PowellSupreme Court of the United States · 1976
- Cupp v. NaughtenSupreme Court of the United States · 1973
- Leary v. United StatesSupreme Court of the United States · 1969
- Turner v. United StatesSupreme Court of the United States · 1970
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3Cited by5 opinions
- United States of America Ex Rel. Harold D. Maxey and Robert P. Maxey v. Ernest Morris, Warden, Etc., and Charles Rowe, Director, Etc.Court of Appeals for the Seventh Circuit · 1979
- Donald R. Hines v. Calvin Auger, WardenCourt of Appeals for the Eighth Circuit · 1977
- Cordoba v. HarrisDistrict Court, S.D. New York · 1979
- Bell v. New YorkDistrict Court, S.D. New York · 1981
- Nevins v. GiambrunoDistrict Court, W.D. New York · 2009