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UNITED STATES EX REL. VANTERPOOL v. CAHN

No. 70-C-927.

315 F.Supp. 986 (1970)

UNITED STATES of America ex rel. Joseph L. VANTERPOOL, Petitioner, v. Hon. William CAHN, District Attorney, Nassau County, Respondent.

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

August 5, 1970.

Attorney(s) appearing for the Case

Elliot A. Taikeff, New York City, for petitioner.

Joseph A. De Maro, Asst. Dist. Atty., for respondent.

MEMORANDUM AND ORDER

JUDD, District Judge.

This petition for habeas corpus presents the question of what consequences flow from holding a pretrial lineup without the presence of defendant's counsel after the decision of United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967). Petitioner seeks to be relieved of his sentence on a conviction for harassment and menacing, and to be protected from trial for another...

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