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UNITED STATES v. PACIMEO

No. 377, Docket 27809.

317 F.2d 75 (1963)

UNITED STATES of America, Respondent, v. Andrew PACIMEO, Appellant.

United States Court of Appeals Second Circuit.

Decided May 8, 1963.

Attorney(s) appearing for the Case

H. Elliot Wales, New York, for appellant.

Andrew R. McEvoy, Jr., Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for the Southern Dist. of New York, Arnold N. Enker, Asst. U. S. Atty.), for United States of America.

Before FRIENDLY, KAUFMAN and MARSHALL, Circuit Judges.

PER CURIAM.

We affirm Pacimeo's conviction in open court. The claims of error in regard to the prosecutor's reference in summation to an exhibit which, although the subject of examination, had not been offered in evidence, and the receipt in evidence of a transcript of an interview between defendant and an Assistant United States Attorney when, it is alleged, the Assistant and his stenographer had or could have had their recollection sufficiently refreshed, fail,...

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