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UNITED STATES EX REL. ROBINSON v. ZELKER

No. 814, Docket 72-1224.

468 F.2d 159 (1972)

UNITED STATES ex rel. Carl M. ROBINSON, Petitioner-Appellant, v. John L. ZELKER, Superintendent, Green Haven Correctional Facility, Stormville, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 28, 1972.

Attorney(s) appearing for the Case

Stephen A. Marshall, New York City, for petitioner-appellant.

Maryellen Weinberg, Asst. Atty. Gen., Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., for respondent-appellee.

Before KAUFMAN, HAYS and OAKES, Circuit Judges.

OAKES, Circuit Judge:

This is another in a series of recent cases in this circuit1 involving an in-court identification claimed to have been tainted by suggestive procedures used. United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967); Gilbert v. California, 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178 (1967). The case is different from some in that the...

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