Is there any difference between the state and federal rules on a Fourth Amendment claim?
MultiRegion, United States of America
The following excerpt is from Kahn v. Flood, 550 F.2d 784 (2nd Cir. 1977):
Since there is no difference between the state and federal rules on this point, petitioners have failed to demonstrate that the New York courts afforded them anything less than a full and fair hearing on their Fourth Amendment claim. Stone v. Powell, supra, thus bars this attempt to relitigate that claim in a federal forum.
Affirmed.
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