United States ex rel. Rogers v. Warden of Auburn State Prison

Memorandum-Decision and Order

PORT, District Judge.

A ten count indictment was returned by the Grand Jury of Kings County on February 11, 1963 charging the petitioner with six counts of assault second' degree, three counts of assault third degree, and the tenth count charged possession of a revolver in violation of Section 1897 of the Penal Law, McKinney’s Consol. Laws, c. 40 of the State of New York as a felony. After the denial of a motion to controvert a search warrant and to suppress the evidence obtained as a result of the search was denied without a hearing, the petitioner entered a plea…