ROSARIO v. KUHLMAN

No. 235, Docket 87-2209.

839 F.2d 918 (1988)

Willie ROSARIO, Plaintiff-Appellee, v. Robert KUHLMAN, Superintendent, Sullivan Correctional Facility, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 12, 1988.


Attorney(s) appearing for the Case

Janet Claire Le, The Legal Aid Soc., New York City (Michael Gross, Philip L. Weinstein, of counsel) for plaintiff-appellee.

Melissa Harrison, Asst. Dist. Atty., Kings County, Brooklyn, N.Y. (Elizabeth Holtzman, Dist. Atty., Kings County, Brooklyn, N.Y., Barbara D. Underwood, Peter A. Weinstein, Asst. Dist. Attys., of counsel) for defendant-appellant.

Before KAUFMAN and ALTIMARI, Circuit Judges, and TENNEY, District Judge.


TENNEY, District Judge:

At about 6:15 in the evening of October 12, 1974 two men held up the Jiminez grocery store at 161 Graham Avenue between Messerole and Montrose Streets in the Williamsburg section of Brooklyn, New York City. At the time the men entered the store the proprietor Julio Jiminez was standing before the cash register, and his helper Louis Camacho, a 12 year old boy, was close by, stooped behind the counter preparing shopping bags for the two or three...

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