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U.S. v. NOLAN

16-3423-pr(L) August Term 2019 18-1113-pr(CON).

956 F.3d 71 (2020)

UNITED STATES of America, Appellee, v. Ralph NOLAN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 15, 2020.

Attorney(s) appearing for the Case

APPEARING FOR APPELLANT: Susan J. Walsh ( Yannick Allan Grant , on the brief), Vladeck, Raskin & Clark, P.C., New York, NY.

APPEARING FOR APPELLEE: Richard Cooper , Assistant United States Attorney ( Karl Metzner , Assistant United States Attorney, on the brief), for Geoffrey S. Berman, United States Attorney for the Southern District of New York, New York, NY.

Before: Sack and Hall, Circuit Judges, and Rakoff, District Judge.

Eyewitness identification testimony is notoriously prone to error. As the Supreme Court recognized over a half-century ago, "[t]he vagaries of eyewitness identification are well-known; the annals of criminal law are rife with instances of mistaken identification." United States v. Wade,

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