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UNITED STATES EX REL. COMACHO v. FOLLETTE

No. 384, Docket 33667.

421 F.2d 822 (1970)

UNITED STATES of America ex rel. Felix COMACHO, Petitioner-Appellant, v. Harold W. FOLLETTE, Warden, Green Haven State Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 2, 1970.

Judgment Vacated June 1, 1970.

Attorney(s) appearing for the Case

Gretchen White Oberman, New York City (Milton Adler, Legal Aid Society, New York City, on the brief), for appellant.

Lillian Z. Cohen, Asst. Atty. Gen., of New York (Samuel A. Hirshowitz, First Asst. Atty. Gen., and Louis J. Lefkowitz, Atty. Gen., of New York, on the brief), for appellee.

Before FRIENDLY, SMITH and ANDERSON, Circuit Judges.

Judgment Vacated June 1, 1970. See 90 S.Ct. 1728.

ANDERSON, Circuit Judge:

Felix Comacho was arrested on Friday, August 3, 1962, as one of three suspected participants in a pair of muggings, perpetrated that evening in the Bay Ridge section of Brooklyn. In the second of these assaults, the victim received fatal stab wounds.

Comacho was picked up sometime after 10:30 p. m. in the vicinity of the scene of the second assault. With the hope that an identification...

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