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ROSENBERG v. MARTIN

No. 649, Docket 72-2262.

478 F.2d 520 (1973)

Jerome ROSENBERG, Plaintiff-Appellee, v. Raymond V. MARTIN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 27, 1973.

Attorney(s) appearing for the Case

Jerome Rosenberg, plaintiff-appellee, pro se.

Norman Redlich, Corp. Counsel of New York City (Stanley Buchsbaum, and Bernard Burstein, New York City, of counsel), for defendant-appellant.

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

FRIENDLY, Chief Judge:

Jerome Rosenberg, the successful plaintiff in this civil rights action under 42 U.S.C. § 1983 in the District Court for the Eastern District of New York, had been convicted, upon the testimony of several eyewitnesses, of the felony murder of two police officers while he was engaged in an armed robbery of the Borough Park Tobacco Company in Brooklyn. After the Governor had commuted his death sentence to life imprisonment, his conviction...

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