UNITED STATES EX REL. BLYDEN v. SINGERMAN

No. 71 Civ. 5610.

350 F.Supp. 246 (1972)

UNITED STATES ex rel. Herbert BLYDEN, Petitioner, v. Arthur SINGERMAN, Warden, Bronx House of Detention for Men, et al., Respondents.

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

September 25, 1972.


Attorney(s) appearing for the Case

Richard Cherry, Emil, Kobrin, Klein & Garbus, by Martin Garbus, and Eve Cary, N.Y. Civ. Lib. Union, New York City, for petitioner.

Burton Roberts, Dist. Atty., Bronx County, by David Blatt, Asst. Dist. Atty., for respondent Singerman.

Louis J. Lefkowitz, Atty. Gen., State of N. Y., New York City, by Joel Lewittes, Maryellen Weinberg, and David H. Berman, Asst. Attys. Gen., for respondent Oswald and the State of New York.


MEMORANDUM

BONSAL, District Judge.

Petitioner seeks a writ of habeas corpus on the ground that, at his trial, the identification of him by Dominick Maffucci, a prosecution witness whose testimony was the only evidence placing petitioner near the scene of the crime, was tainted by Maffucci's pre-trial identification in a show-up held at the police station, which petitioner contends was "so unnecessarily suggestive and conducive to irreparable mistaken identification...

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