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UNITED STATES v. CICALE

Nos. 1071, 1078, 1235, Dockets 82-1018, 82-1020, 82-1022.

691 F.2d 95 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Peter CICALE, Frank DeSimone, Paul Spector, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 7, 1982.

Attorney(s) appearing for the Case

Gerald L. Shargel, New York City, for appellant Cicale.

Jay Goldberg, New York City, for appellant DeSimone.

Robert J. Carlucci, Mineola, N. Y. (Carlucci & Legum, Mineola, N. Y., of counsel), for appellant Spector.

Lesley Oelsner, Asst. U. S. Atty., S. D. New York, New York City (John S. Martin, Jr., U. S. Atty., S. D. New York, Walter P. Loughlin, Asst. U. S. Atty., New York City, of counsel), for appellee.

Before KAUFMAN and WINTER, Circuit Judges, and WARD, District Judge.

RALPH K. WINTER, Circuit Judge:

Paul Spector, Frank DeSimone, and Peter Cicale appeal from judgments of conviction entered in the United States District Court for the Southern District of New York, after a 13-day jury trial before Judge William C. Conner. Cicale, Spector and DeSimone were found guilty of conspiracy to distribute heroin and to possess it with the intent to distribute in violation of 21 U.S.C. § 846 (1976). In addition, Cicale was convicted of...

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