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DI BELLA v. UNITED STATES

No. 349, Docket 26049.

284 F.2d 897 (1960)

Mario DI BELLA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided November 23, 1960.

Attorney(s) appearing for the Case

Jerome Lewis, for appellant.

Cornelius W. Wickersham, Jr., U. S. Atty., Eastern District of New York, Brooklyn, N. Y. (Joseph J. Marcheso, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for appellee.

Before WATERMAN, MOORE and HAMLIN, Circuit Judges.

HAMLIN, Circuit Judge.

Mario DiBella, appellant, appeals from an order of the District Court denying his motion to suppress certain evidentiary items seized in his apartment by agents of the Federal Bureau of Narcotics on March 9, 1959, at the time of his arrest. The motion was made after arrest and arraignment of appellant but before his indictment.

On November 30, 1959, subsequent to his indictment, the motion was...

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