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BASS v. SCULLY

No. 82 Civ. 3576(MEL).

562 F.Supp. 905 (1983)

Phillip BASS, Petitioner, v. Charles SCULLY, Warden, Green Haven Correctional Facility, Robert Abrams, Attorney General of the State of New York, and District Attorney of White Plains, New York, Respondents.

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

May 19, 1983.

Attorney(s) appearing for the Case

William M. Kunstler, Robert H. Gombiner, Mark B. Gombiner, New York City, for petitioner.

Carl A. Vergari, Dist. Atty. of Westchester County, White Plains, N.Y., for respondents; Terry Jane Ruderman, Gerald D. Reilly, Asst. Dist. Attys., White Plains, N.Y., of counsel.

LASKER, District Judge.

Phillip Bass petitions for a writ of habeas corpus. In a decision dated February 17, 1983, 556 F.Supp. 778, familiarity with which is assumed, Bass' contention as to the impropriety of his being bound and gagged during the voir dire was rejected. Bass' remaining claim relates to the constitutionality of the admission of an in-court identification. Bass contends that the identification

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