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DICKERSON v. FOGG

No. 986, Docket 82-2004.

692 F.2d 238 (1982)

David DICKERSON, Petitioner-Appellee, v. Walter FOGG, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 25, 1982.

Attorney(s) appearing for the Case

Judith Preble, New York City (William E. Hellerstein, The Legal Aid Society, New York City, of counsel), for petitioner-appellee.

Richard M. Howard, Deputy 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-appellant.

Before FRIENDLY and NEWMAN, Circuit Judges, and CURTIN, District Judge.

CURTIN, District Judge:

This is an appeal from the judgment of the United States District Court for the Southern District of New York, Morris E. Lasker, Judge, granting appellee David Dickerson's application for federal habeas corpus relief. Dickerson v. Fogg, 526 F.Supp. 1299 (S.D.N.Y.1981). The court found that the victim's out-of-court and in-court identifications of Dickerson were unconstitutionally tainted under the...

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