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WOLFRATH v. LaVALLEE

No. 609, Docket 77-2085.

576 F.2d 965 (1978)

Walter WOLFRATH, Petitioner-Appellee, v. J. Edwin LaVALLEE, Superintendent, Clinton Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 9, 1978.

Attorney(s) appearing for the Case

Martin E. Gotkin, New York City, for petitioner-appellee.

Allan S. Moller, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for respondent-appellant.

Before MOORE, SMITH and MANSFIELD, Circuit Judges.

MOORE, Circuit Judge:

In 1968, Petitioner Walter Wolfrath was convicted in the New York courts for the robbery of the Don-Lee Studios in New York City in 1966.1 Aside from a positive in-court identification by the owners of Don-Lee, one of whom had had the opportunity to observe the robber, face-to-face, for about six to eight minutes, Wolfrath's two confessions may have contributed to the verdict. The first of those confessions was made...

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