United States of America Ex Rel. James Leak, Relator-Appellant v. Harold W. Follette, Warden, Green Haven Prison, Stormville, New York

FRIENDLY, Circuit Judge.

Petitioner James Leak and a codefendant, Willie Joyner, were charged in a New York court with having accosted Juan Laureano Alamo in the hallway of his residence in the Bronx, forcing him to the roof of the building at gunpoint, robbing him of his wallet, and then compelling him to admit them to his apartment whence they fled after finding nothing of value. At the trial Alamo identified Leak and Joyner without qualification. Julio Mercado, a 12 year old boy who lived in an apartment adjoining Alamo’s, gave a less positive identification of petitioner. Leak’s counsel…