Nicholas Mysholowsky v. People of the State of New York

LUMBARD, Circuit Judge:

Two decades after his conviction in Queens County Court, New York, for robbery, grand larceny, and assault, Nicholas Mysholowsky filed a petition for a writ of habeas corpus in the Eastern District of New York pursuant to 28 U.S.C. § 2254 alleging that the procedures employed to procure a pretrial identification deprived him of his Fourteenth Amendment right to due process of law. 1 Mysholowsky now appeals from an order in which Judge Costantino found no constitutional violation and denied the petition. We find no substantial likelihood that Mysholowsky was irreparably…