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UNITED STATES EX REL. MUNGO v. LaVALLEE

No. 73C395.

372 F.Supp. 742 (1974)

UNITED STATES of America ex rel. Thomas MUNGO v. J. E. LaVALLEE, Superintendent of Clinton Correctional Facility.

United States District Court, E. D. New York.

March 20, 1974.

Attorney(s) appearing for the Case

McCarthy & Dorfman, Mineola, N. Y. by David W. McCarthy, Mineola, N. Y., for relator.

Louis J. Lefkowitz, Atty. Gen. of New York, by Burton Herman, Asst. Atty. Gen., for respondent.

MEMORANDUM and ORDER

COSTANTINO, District Judge.

Thomas Mungo, presently confined at Clinton Correctional Facility, moves for a writ of habeas corpus under 28 U.S.C. § 2254 (1971), attacking a conviction for robbery, grand larceny and assault following a jury trial in Supreme Court, Kings County. Specifically he claims that the trial judge committed error by admitting testimony of an out-of-court identification which was the product of an impermissibly...

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