UNITED STATES v. CIMINO

No. 360, Docket 28092.

321 F.2d 509 (1963)

UNITED STATES of America, Appellee, v. John CIMINO and Joseph D'Ercole, Appellants.

United States Court of Appeals Second Circuit.

Decided July 23, 1963.


Attorney(s) appearing for the Case

James J. Hanrahan, New York City, for appellant Cimino.

Sabbatino & Todarelli, New York City, for appellant D'Ercole. Thomas J. Todarelli, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, for United States. Jack D. Samuels and Arnold N. Enker, Asst. U. S. Attys., of counsel.

Before SWAN, WATERMAN and MOORE, Circuit Judges.


SWAN, Circuit Judge.

After trial before Judge Bryan, a jury having been waived, the defendants were convicted, and each was sentenced to imprisonment in a federal penitentiary for a period of 20 years on each count of the three count indictment, the sentences to run concurrently. Each defendant has appealed. Their appeals challenge the sufficiency of the evidence to support the convictions and raise several points of law...

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