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UNITED STATES v. ARCHIBALD

No. 863, Docket 83-1356.

734 F.2d 938 (1984)

UNITED STATES of America, Appellee, v. Robert ARCHIBALD, Appellant.

United States Court of Appeals, Second Circuit.

Decided May 16, 1984.

Attorney(s) appearing for the Case

Nanette Dembitz, New York City, for appellant.

Mark R. Hellerer, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., S.Dist.N.Y., Barry A. Bohrer, Asst. U.S. Atty., New York City, of counsel), for appellee.

Before KAUFMAN, OAKES and WINTER, Circuit Judges.

OAKES, Circuit Judge:

We have previously emphasized the importance of ensuring fairness in eyewitness identification testimony. E.g., Kampshoff v. Smith, 698 F.2d 581, 585-86 (2d Cir.1983). Here, as in numerous other bank robbery prosecutions, the case principally turns on such testimony. The defendant argues that the photographic array presented to three eyewitnesses was unduly suggestive, an argument which we do not find...

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