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UNITED STATES v. TOMAIOLO

No. 219, Docket 25596.

280 F.2d 411 (1960)

UNITED STATES of America, Appellee, v. Charles TOMAIOLO, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 14, 1960.

Attorney(s) appearing for the Case

Marvin E. Frankel, New York City (Anthony F. Marra, Attorney-in-Charge, The Legal Aid Society, and Shirley Fingerhood, New York City, on the brief), for defendant-appellant.

Cornelius W. Wickersham, Jr., U. S. Atty., E. D. N. Y., Brooklyn, N. Y. (Joseph J. Marcheso, Asst. U. S. Atty., Brooklyn, N. Y., on the brief), for appellee.

Before CLARK, WATERMAN and LEWIS, Circuit Judges.

CLARK, Circuit Judge.

This is an appeal by Charles Tomaiolo from his conviction on two counts of armed bank robbery involving a bank in Brentwood, Long Island, New York, on November 29, 1955. The indictment on which he was prosecuted was in three counts, of which the first charged him with conspiring with others to commit the robbery and the second and third charged the substantive offenses of the robbery itself and of putting...

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