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From the J/R (page 131):
The stretch Position [8.01b]
A. Initial Stage
When taking the stretch position, the pitcher must stand with his gloved side toward home plate. His hands must be obviously seperate; his throwing hand (with or without the ball) at his side in view from all three bases. His piviot foot must be parallel to and touching the pitching rubber.
From this description, I would consider that in the above case the glove hand is not on the side of home plate. The second base runner can not see the ball in his hand. Illegal pitching position. Balk.
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