The People of the State of New York v. James Horelick and Sandra Adickes

FRIENDLY, Circuit Judge:

On this appeal from an order of remand by the District Court for the Southern District of New York, we again have the task of interpreting the civil rights removal statute, 28 U.S.C. § 1443, in light of the Supreme Court’s decisions in Georgia v. Rachel, 384 U.S. 780, 86 S.Ct. 1783, 16 L.Ed.2d 925 (1966), upholding removal, and City of Greenwood, Miss. v. Peacock, 384 U.S. 808, 86 S.Ct. 1800, 16 L.Ed.2d 944 (1966), denying it. 1 This case plainly falls on the Peacock side.

Petitioners sought removal of five prosecutions in the Criminal Court of the City of New York.…