United States ex rel. Molloy v. Follette

WEINFELD, District Judge.

Petitioner, serving a sentence at Green Haven Prison, New York, of one year and three months to five years, imposed pur*923suant to a judgment of conviction entered upon his plea of guilty to attempted grand larceny in the second degree, seeks his release upon a federal writ of habeas corpus. He contends that his federally protected right against unlawful search and seizure under the Fourth Amendment was violated.

Petitioner in the State Courts raised the claims here presented in a pretrial motion to suppress the alleged illegally obtained evidence derived as a result of a…