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UNITED STATES v. FERNANDEZ

No. 725, Docket 72-2299.

480 F.2d 726 (1973)

UNITED STATES of America, Appellee, v. Fred FERNANDEZ, Appellant.

United States Court of Appeals, Second Circuit.

Decided May 23, 1973.

Attorney(s) appearing for the Case

L. Kevin Sheridan, Asst. U. S. Atty. (Robert A. Morse, U. S. Atty., E. D. N. Y., and Howard J. Stechel, Asst. U. S. Atty., of counsel), for appellee.

Eleanor Jackson Piel, New York City, for appellant.

Before FRIENDLY, Chief Judge, LUMBARD, Circuit Judge, and THOMSEN, District Judge.

FRIENDLY, Chief Judge:

Fred Fernandez has been tried before three juries in the District Court for the Eastern District of New York for the armed robbery of the First Federal Savings & Loan Association on the afternoon of December 24, 1970. At all three trials the Government's case rested almost entirely on identification testimony, there being no other significant evidence to connect Fernandez with the crime. At the...

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