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UNITED STATES EX REL. CUMMINGS v. ZELKER

No. 71-C-169.

329 F.Supp. 4 (1971)

UNITED STATES of America ex rel. Joseph CUMMINGS, Petitioner, v. John L. ZELKER, Warden, Green Haven Prison, Stormville, New York, Respondent.

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

April 30, 1971.

Attorney(s) appearing for the Case

Joseph Cummings, petitioner pro se.

Louis J. Lefkowitz, Atty. Gen. of New York, for respondent; Brenda Soloff, Asst. Atty. Gen., of counsel.

BARTELS, District Judge.

Petitioner Joseph Cummings, presently incarcerated in Green Haven Prison, Stormville, New York, upon conviction, after a jury trial, of the crime of burglary in the third degree, seeks his release through federal habeas corpus. He was sentenced in the County Court, Nassau County, to a maximum term of seven years imprisonment. Petitioner contends his constitutional rights were violated because (1) an in-court identification of him was...

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