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UNITED STATES EX REL. PELLA v. REID

No. 249, Docket 75-2076.

527 F.2d 380 (1975)

UNITED STATES of America ex rel. John J. PELLA, Petitioner-Appellant, v. Theodore REID, Superintendent of Albion Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 11, 1975.

Attorney(s) appearing for the Case

Edward F. Gerber, Syracuse, N. Y. (Ali & Gerber, Syracuse, N. Y.), for petitioner-appellant.

Barbara Shore Resnicoff, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York), for respondent-appellee.

Before WATERMAN, OAKES and MESKILL, Circuit Judges.

WATERMAN, Circuit Judge:

On December 31, 1969, following a jury trial and conviction of first degree robbery and second degree burglary in Oneida County, New York, the petitioner, John J. Pella, was sentenced to concurrent 25 and 15 year terms. Having exhausted his state remedies, he applied to the United States District Court for the Northern District of New York for a writ of habeas corpus on the grounds that he was arrested without probable cause, that the identification...

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