United States Ex Rel. Joseph Randazzo v. Harold W. Follette, Warden of Green Haven Prison, Stormville, New York

HAYS, Circuit Judge:

A judgment of conviction was entered against appellant Joseph Randazzo in 1962 in Supreme Court, New York County upon a plea of guilty1 to a charge of violation of the statutes dealing with narcotics.2 Before he pleaded *1320guilty, appellant moved to suppress evidence consisting of thirty-one ounces of heroin seized at the time of his arrest, claiming that this evidence was obtained in violation of his rights under the Fourth Amendment. After a hearing, the motion was denied. People v. Randazzo, 37 Misc.2d 80, 234 N.Y.S.2d 740 (Sup.Ct.1962). Appellant appealed to the Appellate…