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UNITED STATES v. CASSCLES

No. 167, Docket 73-1892.

489 F.2d 20 (1973)

UNITED STATES of America ex rel. Armstrong JOHN, Appellee, v. J. Leland CASSCLES, Superintendent, Great Meadow Correctional Facility, Appellant.

United States Court of Appeals, Second Circuit.

Decided December 5, 1973.

Attorney(s) appearing for the Case

Hillel Hoffman, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel

A. Hirshowitz, First Asst. Atty. Gen., on the brief), for appellant.

Mark L. Levine, New York City (Robert Kasanof, The Legal Aid Society, Barry S. Greene, Schuyler K. Henderson, New York City, on the brief), for appellee.

Before SMITH, MULLIGAN and OAKES, Circuit Judges.

OAKES, Circuit Judge:

This appeal is by the State of New York from the granting of a writ of habeas corpus to appellee on the basis of erroneous admission at trial of identification evidence.

On May 10, 1967, Louis Connor was slain during the robbery of his cleaning store. In June, 1968, appellee was tried for this crime and convicted of manslaughter in the first degree by the Supreme Court of Kings County. His conviction was affirmed without opinion, 35 A...

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