United States Ex Rel. Samuel Valentine v. John L. Zelker, Warden of Green Haven State Prison

POLLACK, District Judge:

This is an appeal by a state prisoner from the denial of an application for a writ of habeas corpus by the United States District Court for the Southern District of New York, Marvin E. Frankel, J. For the reasons set forth below, we affirm.

The issue raised on this appeal is whether the “show up” pretrial identification of the appellant by the victim of the crime was so unnecessarily suggestive and conducive to irreparable mistaken identification that it constituted a violation of due process of law and tainted the in-court identification of the appellant.

Appellant was…