United States of America, Appellee, v. Garland Alfonzo Hardy, Appellant, 252 F.2d 780 (2d Cir. 1958)

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US Court of Appeals for the Second Circuit - 252 F.2d 780 (2d Cir. 1958) Argued January 9, 1958
Decided January 31, 1958
Writ of Certiorari Denied April 28, 1958

See 78 S. Ct. 791.

John T. Moran, Jr., Asst. U. S. Atty. S. D. N. Y., New York City (Paul W. Williams, U. S. Atty., S. D. N. Y., New York City, on the brief), for appellee.

Garland Alfonzo Hardy, pro se.

Before HINCKS, LUMBARD and WATERMAN, Circuit Judges.

PER CURIAM.


Affirmed on the opinion of Judge Cashin, D.C., 159 F. Supp. 208. As to appellant's claim of ineffective legal representation before sentence in that his counsel refused to appeal the denial of a motion to suppress evidence, we also point out that a direct appeal does not lie from the denial of such a motion made after indictment. Cogen v. United States, 278 U.S. 221, 49 S. Ct. 118, 73 L. Ed. 275; Carroll v. United States, 354 U.S. 394, 404, 77 S. Ct. 1332, 1 L. Ed. 2d 1442.

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