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UNITED STATES EX REL. RIVERA v. McKENDRICK

No. 981, Docket 71-1193.

448 F.2d 30 (1971)

UNITED STATES of America ex rel. Milton RIVERA, Petitioner-Appellant, v. Charles L. McKENDRICK, as Warden of Wallkill State Prison, Ulster County, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 9, 1971.

Attorney(s) appearing for the Case

John R. Hupper, New York City (J. Barclay Collins, New York City, on the brief), for petitioner-appellant.

William J. Stutman, New York City (Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before LUMBARD, KAUFMAN and TIMBERS, Circuit Judges.

LUMBARD, Circuit Judge:

Milton Rivera, who was convicted in a New York state court in 1965 for robbery and assault, appeals from an order of the Southern District of New York, Edward C. McLean, J., dated June 10, 1970, denying his petition for a writ of habeas corpus. That petition alleged that his conviction, which was based solely on the identification testimony of two victims of the crimes, was obtained in violation of...

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