Ralph Benno Haberstroh v. Superintendent Montanye, Attica Correctional Facility

Appellant brought this habeas corpus action alleging that certain identification testimony at his trial was influenced by impermissibly suggestive pretrial identifications and that the prosecuting attorney improperly commented on his failure to testify. The district court denied the writ. 362 F.Supp. 838 (W.D.N.Y.1973). We affirm.

At about 1:00 A.M. on April 22, 1968, a man entered the Mancuso Restaurant in Batavia, New York, and after ordering and drinking two beers, robbed the restaurant. Appellant was charged with the crime and convicted in state court. His conviction was affirmed on appeal…