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UNITED STATES EX REL. LUCAS v. REGAN

No. 1070, Docket 74-1094.

503 F.2d 1 (1974)

UNITED STATES of America ex rel. Cornelius LUCAS, Petitioner-Appellant, v. Paul J. REGAN, Chairman, New York State Division of Parole, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 3, 1974.

Attorney(s) appearing for the Case

Lewis B. Oliver, Jr., The Legal Aid Society, New York City (William J. Gallagher, The Legal Aid Society, and Federal Defender Services Unit, New York City, on the brief), for petitioner-appellant.

Arlene R. Silverman, Asst. Atty. Gen. of N.Y. (Louis J. Lefkowitz, Atty. Gen. of N.Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before KAUFMAN, Chief Judge, and HAYS and OAKES, Circuit Judges.

HAYS, Circuit Judge:

Appellant commenced this action for a writ of habeas corpus alleging that an impermissibly suggestive pre-trial identification and certain errors in the state court trial at which he was convicted deprived him of various constitutional rights. The district court found no deprivation of constitutional rights and denied the writ. 365 F.Supp. 1290 (E.D. N.Y.1973). We affirm.

On the evening of April 23...

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