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SALES v. HARRIS

No. 718, Docket 80-2378.

675 F.2d 532 (1982)

Lonnie S. SALES, Petitioner-Appellant, v. David R. HARRIS, Superintendent, Green Haven Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 12, 1982.

Rehearing and Rehearing Denied June 2, 1982.

Attorney(s) appearing for the Case

Barry Bassis, New York City (The Legal Aid Society, Federal Defender Services Unit, of counsel), for petitioner-appellant.

Paul Milbauer, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of N. Y., Gerald J. Ryan, Asst. Atty. Gen., New York City, of counsel), for respondent-appellee.

Before MESKILL, CARDAMONE and PIERCE, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 2, 1982.

PIERCE, Circuit Judge:

Petitioner Lonnie S. Sales, convicted of first degree robbery in New York State court, appeals from a judgment of the United States District Court for the Southern District of New York, Leonard B. Sand, Judge, denying his application for a writ of habeas corpus. On appeal, Sales primarily contends that the state trial judge erred in denying his motion to suppress identification...

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