UNITED STATES EX REL. JOHNSON v. DEPARTMENT OF COR. SERV.

No. 571, Docket 71-2086.

461 F.2d 956 (1972)

UNITED STATES of America ex rel. Frederick Johnson, Petitioner-Appellant, v. DEPARTMENT OF CORRECTIONAL SERVICES OF the STATE of NEW YORK, Russell G. Oswald, Commissioner, and New York State Board of Parole, Paul F. Regan, Chairman, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 1, 1972.


Attorney(s) appearing for the Case

Jerome G. Shapiro, New York City (Bancroft Littlefield, Jr., New York City, on the brief), for petitioner-appellant.

Hillel Hoffman, Asst. Atty. Gen. of the State of New York, New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, on the brief), for respondents-appellees.

Before FRIENDLY, Chief Judge, TIMBERS, Circuit Judge, and JAMESON, District Judge.


TIMBERS, Circuit Judge:

The only issues raised on this appeal from the denial of a state prisoner's petition for a writ of habeas corpus are whether the accused had a constitutional right to counsel at a post-indictment, pre-trial photographic identification session in the prosecutor's office in the absence of the accused, and whether the photographic identification procedure at that session was impermissibly suggestive.

Frederick Johnson was convicted on...

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