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UNITED STATES v. MALLAH

No. 73 Cr. 881 (MP).

427 F.Supp. 328 (1977)

UNITED STATES of America v. Benjamin MALLAH, Defendant.

United States District Court, S. D. New York.

February 24, 1977.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., New York City, by Robert J. Costello, Asst. U. S. Atty., New York City, for U. S.

Fischetti & Shargel, New York City, by Gerald L. Shargel, New York City, for defendant.

DECISION

POLLACK, District Judge.

For the second time in less than six months, Benjamin Mallah seeks a new trial on a criminal indictment for narcotics conspiracy, this time pursuant to Rule 33 Fed. R.Crim.P. The instant motion was filed on January 10, 1977. The previous attempt filed July 26, 1976 was made pursuant to 28 U.S.C. § 2255 and proved unsuccessful; it was denied on October 19, 1976 in opinion and the judgment thereon was affirmed by the...

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