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UNITED STATES v. SERRANO

No. 341, Docket 27043.

317 F.2d 356 (1963)

UNITED STATES of America, Appellee, v. Otilio SERRANO, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 16, 1963.

Attorney(s) appearing for the Case

Richard S. Harrell, New York City, for appellant.

Andrew T. McEvoy, Jr., Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty., for Southern District of New York, Arnold N. Enker, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before CLARK, SMITH and HAYS, Circuit Judges.

PER CURIAM.

In this appeal from a conviction for violation of the narcotics laws, 21 U.S.C. §§ 173 and 174, appellant claims that it was error to receive in evidence certain narcotics which, he alleges, were illegally seized as an incident of an unlawful arrest of the severed co-defendant Gonzales. We find it unnecessary to decide whether the arrest of Gonzales was unlawful. Since the narcotics were not seized in the course of a search of appellant's person...

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