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DICKERSON v. FOGG

No. 81 Civ. 4303(MEL).

526 F.Supp. 1299 (1981)

David DICKERSON, Petitioner, v. Walter FOGG, Superintendent, Eastern Correctional Facility, Respondent.

United States District Court, S. D. New York.

December 4, 1981.

Attorney(s) appearing for the Case

William E. Hellerstein, The Legal Aid Society, New York City, for petitioner; Judith Preble, New York City, of counsel.

Robert Abrams, Atty. Gen. N. Y., New York City, for respondent; Richard Howard, Deputy Asst. Atty. Gen., New York City, Juliana Maugeri, Legal Asst., of counsel.

LASKER, District Judge.

David Dickerson was convicted in the New York State courts of robbery in the first degree on November 18, 1977. He was sentenced to an indeterminate prison term with a minimum of five years and a maximum of fifteen years. He petitions for a writ of habeas corpus on the ground that his conviction was based on the unconstitutional admission of identification evidence secured through pretrial identification procedures which were so suggestive...

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