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UNITED STATES v. VINCENT

No. 131, Docket 75-2057.

524 F.2d 634 (1975)

UNITED STATES of America ex rel. Larry Julius GIBBS, Appellant, v. Leon J. VINCENT, Superintendent, Green Haven Correctional Facility, Appellee.

United States Court of Appeals, Second Circuit.

Decided October 29, 1975.

Attorney(s) appearing for the Case

Michael A. Young, New York City (William J. Gallagher, The Legal Aid Society, Federal Defender Services Unit, New York City, on the brief), for appellant.

Rhonda Amkraut Bayer, Deputy Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, on the brief), for appellee.

Before MEDINA, ANDERSON and VAN GRAAFEILAND, Circuit Judges.

MEDINA, Circuit Judge:

This is an appeal from an order of Judge Bartels in the Eastern District of New York denying a habeas corpus application for a new trial because the New York courts that sustained the conviction of Gibbs for robbery in the first degree are claimed to have violated the constitutional rights of Gibbs by receiving in evidence against him the testimony of witnesses based upon an alleged tainted identification procedure. The opinion below is not...

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