United States of America Ex Rel. Milton Rivera v. Charles L. McKendrick as Warden of Wallkill State Prison, Ulster County, New York

LUMBARD, Circuit Judge:

Milton Rivera, who was convicted in a New York state court in 1965 for rob*31bery and assault, appeals from an order of the Southern District of New York, Edward C. .McLean, J., dated June 10, 1970, denying his petition for a writ of habeas corpus. That petition alleged that his conviction, which was based solely on the identification testimony of two victims of the crimes, was obtained in violation of due process of law, because the victims’ in-court identification of Rivera was tainted by impermissibly suggestive pre-trial identification procedures used by the police.…