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UNITED STATES v. TUTINO

No. 345, Docket 25494.

269 F.2d 488 (1959)

UNITED STATES of America, Appellee, v. Nicholas TUTINO, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 21, 1959.

Attorney(s) appearing for the Case

Daniel H. Greenberg, New York City, for defendant-appellant.

John C. Lankenau, Asst. U. S. Atty., Southern District of New York, N. Y., New York City (S. Hazard Gillespie, Jr., U. S. Atty., for the Southern District of New York, N. Y., and Kevin Thomas Duffy, Asst. U. S. Atty., New York City, on the brief), for appellee, United States of America.

Before HINCKS and MOORE, Circuit Judges, and SMITH, District Judge.

J. JOSEPH SMITH, District Judge.

Appellant Nicholas Tutino and one Richman were convicted on trial to Judge Kaufman, without a jury, in the United States District Court for the Southern District of New York of conspiracy illegally to sell narcotics. A third defendant, one Papalardo, was acquitted. Richman was sentenced to imprisonment for two and one half years. He has not appealed. Tutino was sentenced to imprisonment for...

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