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MYSHOLOWSKY v. PEOPLE OF STATE OF N.Y.

No. 687, Docket 75-2141.

535 F.2d 194 (1976)

Nicholas MYSHOLOWSKY, Petitioner-Appellant, v. PEOPLE OF the STATE OF NEW YORK, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 6, 1976.

Attorney(s) appearing for the Case

Sheila Ginsberg, The Legal Aid Society, New York City (William J. Gallagher, The Legal Aid Society, Federal Defender Services Unit, New York City, on the brief), for petitioner-appellant.

Joan P. Scannell, Deputy Asst. Atty. Gen. of N.Y., New York City (Louis J. Lefkowitz, Atty. Gen. of N.Y., and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, on the brief), for respondent-appellee.

Before LUMBARD and TIMBERS, Circuit Judges, and BRYAN, District Judge.

LUMBARD, Circuit Judge:

Two decades after his conviction in Queens County Court, New York, for robbery, grand larceny, and assault, Nicholas Mysholowsky filed a petition for a writ of habeas corpus in the Eastern District of New York pursuant to 28 U.S.C. § 2254 alleging that the procedures employed to procure a pretrial identification deprived him of his Fourteenth Amendment right to due process of law.

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