United States ex rel. La Monica v. Buono

MEMORANDUM

THOMAS F. MURPHY, District Judge.

Petitioner, accused by the state of burglary, larceny and possession of burglar’s tools made a motion in the state court to suppress evidence allegedly seized in an illegal search, and was successful. People v. Cassone, 35 Misc.2d 699, 230 N.Y.S.2d 822, (N.Y.Ct. Gen.Sess.1962). However, the Appellate Division reversed, People v. La Monica, 20 A.D.2d 861, 249 N.Y.S.2d 392 (1st Dept.1964), and the Court of Appeals affirmed the Appellate Division, People v. Cassone, 14 N.Y.2d 798, 251 N.Y.S.2d 33, 200 N.E. 2d 214 (1964). The United States Supreme Court…