United States Ex Rel. Lusterino v. Dros

MEMORANDUM

FRANKEL, District Judge.

Petitioner was indicted in the Spring of 1955 for robbery in the first degree. His first trial ended when the jury was unable to reach a verdict. A second jury found him guilty on May 23, 1957, and he was sentenced to a prison term of- from 10 to 15 years. The Appellate Division affirmed on October 21, 1958. People v. Lusterino, 6 A.D.2d 1037, 178 N.Y.S.2d 1008 (1st Dep’t). On June 19, 1961, while the state appellate process remained uncompleted, the decision in Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081, was announced. Thereafter, petitioner…