UNITED STATES v. PERSICO

No. 358, Docket 27298.

305 F.2d 534 (1962)

UNITED STATES of America, Appellee, v. Carmine J. PERSICO, Jr., Salvatore Albanese, Hugh McIntosh, Ralph Spero, and George LaFante, Appellants.

United States Court of Appeals Second Circuit.

Decided July 13, 1962.


Attorney(s) appearing for the Case

Maurice Edelbaum, New York City, for appellant Persico.

Frances Thaddeus Wolff, New York City for appellants Albanese and Spero.

Philip Dinitz, Brooklyn, N. Y., for appellant McIntosh.

Jerome Lewis, Brooklyn, N. Y., for appellant LaFante.

Joseph J. Marcheso, Asst. U. S. Atty., for Eastern Dist. of New York, Brooklyn, N. Y. (Joseph P. Hoey, U. S. Atty. for Eastern Dist. of New York, on the brief), for appellee.

Before LUMBARD, Chief Judge, and SMITH and MARSHALL, Circuit Judges.


J. JOSEPH SMITH, Circuit Judge.

Appellants Persico, Albanese, McIntosh, Spero and LaFante and one Magnasco were tried to a jury in the Eastern District of New York, Mishler, J., on two counts of obstructing the movements of goods in interstate commerce by armed robbery, the hijacking of a truck carrying piece goods, and conspiring to do so in violation of 18 U.S.C. § 1951, the Hobbs Act. On May 13, 1961 the jury disagreed. Some three weeks later the defendants...

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