No. 145, Docket 26461.

290 F.2d 238 (1961)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony PASSERO, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 27, 1961.

Attorney(s) appearing for the Case

Cornelius W. Wickersham, Jr., U. S. Atty., Eastern District of New York, Brooklyn, N. Y. (Nathan K. Trynin, Brooklyn, N. Y., and Francis W. Rhinow, Asst. U. S. Attys., Greenport, N. Y., and Judith A. Gelb, Confidential Asst. to the U. S. Atty., Brooklyn, N. Y., on the brief), for plaintiff-appellee.

Jerome Lewis, Brooklyn, N. Y., for defendant-appellant.

Before LUMBARD, Chief Judge, and MAGRUDER and FRIENDLY, Circuit Judges.

LUMBARD, Chief Judge.

The principal question on this appeal is whether the district court should have granted a new trial to Anthony Passero where his counsel has belatedly become aware of the contents of a government agent's sworn complaint for Passero's arrest, which complaint contained statements contrary to the agent's testimony at trial, although Passero and his counsel knew of the existence of the complaint for more than five months before trial.



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