UNITED STATES EX REL. RUTHERFORD v. DEEGAN

No. 164, Docket 32751.

406 F.2d 217 (1969)

UNITED STATES of America ex rel. Percy RUTHERFORD, Petitioner-Appellant, v. John T. DEEGAN, Warden of Sing Sing Prison, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided January 14, 1969.


Attorney(s) appearing for the Case

Matthew Muraskin, Mineola, N. Y. (James J. McDonough, Mineola, N. Y., on the brief), for petitioner-appellant.

Hillel Hoffman, Asst. Atty. Gen., New York City (Samuel A. Hirshowitz, First Asst. Atty. Gen., and Louis J. Lefkowitz, Atty. Gen., of the State of New York, New York City, on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, MEDINA and WATERMAN, Circuit Judges.


MEDINA, Circuit Judge:

On this appeal from an order denying a habeas corpus collateral attack on a New York State judgment of conviction for robbery the only substantial question concerns the identification of appellant Rutherford as one of the robbers.

The robbery occurred on October 29, 1965, Rutherford was identified as the robber at a police station showup conducted on November 9, 1965, he was later indicted by a Grand Jury on January 25, 1966, and then...

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