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UNITED STATES EX REL. ROBINSON v. VINCENT

No. 71 Civ. 1997.

371 F.Supp. 409 (1974)

UNITED STATES of America ex rel. Carl M. ROBINSON, Petitioner, v. Leon J. VINCENT, Superintendent, Green Haven Correctional Facility, Stormville, New York, Respondent.

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

As Amended March 6, 1974.

Attorney(s) appearing for the Case

Stephen A. Marshall, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen., of the State of New York, New York City, for respondent; Stanley L. Kantor, Deputy Asst. Atty. Gen., of counsel.

OPINION

COOPER, District Judge.

Petitioner, now serving a sentence of eight and one-third years to twenty years imposed under a judgment of conviction entered in February 1970 for robbery in the first degree1 following a jury trial in the Supreme Court of the State of New York, seeks his release upon a writ of habeas corpus. He alleges that the pre-trial identification procedures used by the police at the time of arrest violated...

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