UNITED STATES v. AVILES


200 F.Supp. 711 (1961)

UNITED STATES of America v. Alfredo AVILES et al., Defendants.

United States District Court S. D. New York.

December 22, 1961.


Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, New York City (Jerome J. Londin, Herbert B. Greene, New York City, Ezra H. Friedman, Gerald E. Paley, Brooklyn, N. Y., of counsel), for plaintiff.

Edward Bennett Williams, Wilfred L. Davis, New York City (Robert L. Weinberg, Washington, D. C., of counsel), for defendant Vito Genovese.

Roy L. Reardon, New York City, for defendant Charles Barcellona.

Albert J. Krieger, New York City, for defendants Charles DiPalermo and Joseph DiPalermo.

Maurice Edelbaum, New York City, for defendant Natale Evola.

Wilfred L. Davis, New York City, Albert J. Krieger, New York City, of counsel, for defendant Vincent Gigante.

Abraham Brodsky, New York City, for defendants Nicholas Lessa and Daniel Lessa.

Henry K. Chapman, Irving Rader, New York City, for defendant Rocco Mazzi.

David Schwartz, New York City, for defendant Carmine A. Polizzano.

Allen S. Stim, New York City, for defendant Ralph Polizzano.

Herbert S. Siegal, New York City, for defendant Salvatore Santora.


THOMAS F. MURPHY, District Judge.

Defendants move for a new trial based on newly discovered evidence. The newly discovered evidence relied upon are certain notes taken or made by Assistant United States Attorney Shaw during interviews with the government's principal witness, one Nelson Silva Cantellops, in preparing for the examination of that witness before a grand jury. The moving defendants, among others, were indicted and ultimately convicted of criminal conspiracy...

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