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UNITED STATES EX REL. RIVERA v. McKENDRICK

No. 306, Docket 72-1701.

474 F.2d 259 (1973)

UNITED STATES of America ex rel. Milton RIVERA, Relator-Appellant, v. Charles L. McKENDRICK, as Warden of Wallkill State Prison, Ulster County, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 15, 1973.

Attorney(s) appearing for the Case

John R. Hupper, New York City (J. Barclay Collins, New York City, on the brief), for appellant.

Lillian Z. Cohen, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of State of New York, and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for appellee.

Before LUMBARD, KAUFMAN and MANSFIELD, Circuit Judges.

LUMBARD, Circuit Judge:

Milton Rivera appeals from an order of the Southern District, dated April 19, 1972, which denied, after a hearing, his petition for habeas corpus. We affirm.

Rivera was convicted of robbery, assault, and possession of a dangerous weapon after trial before a jury in Kings County in 1965. On October 21, 1969 Rivera filed a petition for habeas corpus, alleging that his state court conviction, "which was based solely on the identification...

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