United States ex rel. Johnson v. Department of Correctional Services of New York

TIMBERS, Circuit Judge:

The only issues raised on this appeal from the denial of a state prisoner’s petition for a writ of habeas corpus are whether the accused had a constitutional right to counsel at a post-indictment, pre-trial photographic identification session in the prosecutor’s office in the absence of the accused, and whether the photographic identification procedure at that session was impermissibly suggestive.

Frederick Johnson was convicted on March. 3, 1969 in the New York Supreme Court, Bronx County, after a jury trial before Justice Murtagh of assault in the first degree and…