United States of America Ex Rel. Ronald O. Bisordi v. J. Edwin Lavallee, Superintendent, Clinton Correctional Facility, Dannemora, New York

TIMBERS, Circuit Judge:

The sole issue raised on this appeal from the denial of a state prisoner’s petition for a writ of habeas corpus is whether a pre-trial lineup “was so im-permissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification.” 1

Ronald Bisordi and his co-defendant, James Clark, were convicted on June 21, 1961 in the New York Supreme Court, Bronx County, after a four week jury trial before Justice Abraham D. Levy of first degree robbery, first degree grand larceny, first degree assault, and posses sion of a weapon as a felony in connection…