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UNITED STATES v. LA NOVARA

No. 53, Docket 22097.

192 F.2d 259 (1951)

UNITED STATES v. LA NOVARA et al.

United States Court of Appeals Second Circuit.

Decided October 30, 1951.

Attorney(s) appearing for the Case

Myles J. Lane, New York City (Thomas F. Burchill, Jr., Stanley D. Robinson and Robert Rubinger, all of New York City, of counsel) for plaintiff-appellee.

Abraham Lebenkoff, New York City, and John M. Smith, Jr., Philadelphia, Pa., for defendants-appellants.

Before SWAN, Chief Judge, and CLARK and FRANK, Circuit Judges.

FRANK, Circuit Judge.

We see no merit whatever in any of appellants' contentions:

(a) The evidence amply supports the verdict.

(b) Nothing in United States v. Chiarella, 2 Cir., 187 F.2d 12, avails appellants. For all else aside, if count 2 was not a proper basis of conviction independent of count 3, nevertheless appellants were not hurt since the sentences under counts 2 and 3 are concurrent,1

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