Brisco v. Ercole
Court of Appeals for the Second Circuit
1Opinion of the Court
JOSÉ A. CABRANES, Circuit Judge:
Respondent Robert Ercole, Superintendent of Green Haven Correctional Facility, appeals from a judgment of the United States District Court for the Eastern District of New York (Arthur D. Spatt, Judge) granting petitioner Frank Brisco’s application for a writ of habeas corpus. Brisco was arrested for burglary after he was identified by the crime victim in a “show-up” identification that took place approximately one hour after the crime was committed. Following the denial of his pretrial motion to suppress the showup identification in a New York state trial…
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