DECISION AND ORDER
BRAMWELL, District Judge.
In the late winter of 1973, Mr. Eugene Lagana was tried by a jury in New York Supreme Court, County of Kings, and, on February 2, 1973, he was convicted of Manslaughter in the first degree. On appeal, the Appellate Division, Second Department found that the circumstantial evidence was insufficient to sustain Mr. Lagana's conviction, and, relying on prior case law, the Court found it error to admit the identification...
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