People v. Eastman

This defendant, convicted and sentenced in 1956, now seeks in this coram nobis proceeding to vacate the judgment of conviction on the ground that unconstitutionally seized evidence was used on the trial to convict him. He appealed the judgment of conviction but his appeal was dismissed for failure to prosecute. I have examined the minutes of trial. Although the issue of search and seizure was not fully explored, it is clear that the seizure was unreasonable and in violation of the State and Federal Constitutions. Since this was a pre-Mapp conviction, it may also be assumed that on the…