United States ex rel. Farrugia v. Bhono

WEINFELD, District Judge.

Petitioner, now serving an indeterminate sentence of up to three years in the New York City penitentiary, imposed under a judgment of conviction entered upon a jury verdict for felonious possession of a dangerous weapon, a .32 automatic pistol, seeks his release upon a federal writ of habeas corpus, claiming that the weapon had been seized in violation of his rights under the Fourth Amendment. Petitioner challenged the reasonableness of the search in the state courts on a pretrial motion to suppress which, after a hearing, was denied. He renewed his constitutional…