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BRAYBOY v. SCULLY

No. 332, Docket 82-2150.

695 F.2d 62 (1982)

McDaniel BRAYBOY, Petitioner-Appellant, v. Charles S. SCULLY, Warden, Green Haven Correctional Facility, Robert Abrams, Attorney General, State of New York, Carl A. Vergari, District Attorney, Westchester County, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 9, 1982.

Certiorari Denied March 28, 1983.

Attorney(s) appearing for the Case

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

Richard E. Weill, Asst. Dist. Atty., Westchester County, White Plains, N.Y. (Carl A. Vergari, Dist. Atty., Westchester County, Gerald D. Reilly, Asst. Dist. Atty., Westchester County, White Plains, N.Y., of counsel) for respondents-appellees.

Before OAKES and WINTER, Circuit Judges, and MacMAHON, District Judge.

Certiorari Denied March 28, 1983. See 103 S.Ct. 1505.

WINTER, Circuit Judge:

McDaniel Brayboy appeals from an order of the United States District Court for the Southern District of New York, Judge Abraham D. Sofaer, denying his petition for a writ of habeas corpus. Judge Sofaer granted a certificate of probable cause and Brayboy claims here, as he did below, that the writ should issue on the grounds that a pre-trial identification procedure was impermissibly...

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