United States ex rel. Johnson v. Warden of Rikers Island Penitentiary

EDELSTEIN, District Judge.

This is an application for a writ of habeas corpus on the grounds that the applicant is being held in custody in violation of the Constitution of the United States. 28 U.S.C. § 2241(c)(3) (1959).

The applicant, who pleaded guilty to petty larceny, was arrested on March 13, 1964, by officers who had entered into an apartment in which he was sleeping. On a motion heard before Justice Livoti of the Queens County Supreme Court on May 25, 1964, to suppress evidence obtained as a result of that arrest, Detective Edward Kuroly, the transcript shows, testified in substance…