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HABERSTROH v. MONTANYE

No. 672, Docket 73-2353.

493 F.2d 483 (1974)

Ralph Benno HABERSTROH, Petitioner-Appellant, v. Superintendent MONTANYE, Attica Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 14, 1974.

Attorney(s) appearing for the Case

Steven M. Hochberg, New York City (Michael Jaffe, New York City, on the brief), for petitioner-appellant.

Burton Herman, Asst. Atty. Gen. of the State of New York (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before HAYS, MANSFIELD and OAKES, Circuit Judges.

PER CURIAM:

Appellant brought this habeas corpus action alleging that certain identification testimony at his trial was influenced by impermissibly suggestive pretrial identifications and that the prosecuting attorney improperly commented on his failure to testify. The district court denied the writ. 362 F.Supp. 838 (W.D.N.Y.1973). We affirm.

At about 1:00 A.M. on April 22, 1968, a man entered the Mancuso Restaurant in...

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