Legal Opinion

United States of America Ex Rel. John J. Molloy, Relator-Appellant v. Harold W. Follette, Warden of Green Haven Prison, Stormville, New York

Court of Appeals for the Second Circuit

Decided February 27, 1968No. 31840_1PublishedCited by 28 opinions

1Opinion of the Court

FRIENDLY, Circuit Judge.

John J. Molloy was charged by the State of New York with attempted grand larceny of an automobile. He moved for the suppression of the automobile registration card found upon his person as a result of an allegedly illegal search. The Supreme Court, Queens County, denied the motion. Molloy then pleaded guilty and was convicted and sentenced. Despite this, as permitted by the final paragraph of § 813-c of the New York Code of Criminal Procedure, he pressed the issue of illegal search by an appeal. The Appellate Division affirmed in a memorandum, 22 A.D.2d 814, 254…

2Cases cited5 opinions

  1. Henry v. United StatesSupreme Court of the United States · 1959
  2. United States of America Ex Rel. James Rogers v. Warden of Attica State Prison, Attica, New YorkCourt of Appeals for the Second Circuit · 1967
  3. United States of America Ex Rel. Joseph John McCullers Relator-Appellant v. Daniel McMann Warden of Clinton State Prison, Dannemora, New YorkCourt of Appeals for the Second Circuit · 1967
  4. People v. MolloyAppellate Division of the Supreme Court of the State of New York · 1964
  5. People v. IzzoNew York Court of Appeals · 1965

3Cited by28 opinions

  1. Lefkowitz v. NewsomeSupreme Court of the United States · 1975
  2. Marvin Pinkney v. John Keane, Superintendent, Sing Sing Correctional Facility, Ossining, New YorkCourt of Appeals for the Second Circuit · 1990
  3. United States v. Jerry Bradford Cox, United States of America v. Doss Foreman, Jr., United States of America v. Maurice RoseCourt of Appeals for the Sixth Circuit · 1972
  4. United States Ex Rel. Randazzo v. FolletteDistrict Court, S.D. New York · 1968
  5. United States ex rel. Newsome v. MalcolmCourt of Appeals for the Second Circuit · 1974

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