UNITED STATES EX REL. BEYER v. MANCUSI

No. 279, Docket 34723.

436 F.2d 755 (1971)

UNITED STATES of America ex rel. Arthur BEYER, Petitioner-Appellant, v. Vincent R. MANCUSI, Warden, Attica State Prison, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 5, 1971.


Attorney(s) appearing for the Case

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

Robert S. Hammer, 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 MEDINA, FRIENDLY and SMITH, Circuit Judges.


MEDINA, Circuit Judge:

Two points raised by appellant require brief discussion. We have given consideration to the other arguments presented in appellant's behalf and find no merit in any of them.

In the light of the accurate description of her assailant given by the victim to the police immediately after the rape and her repeated and positive identifications of appellant, both in court and at the line-up three days after the event, we think it is clear beyond...

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