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UNITED STATES v. PERSICO

No. 395, Docket 29271.

349 F.2d 6 (1965)

UNITED STATES of America, Appellee, v. Carmine PERSICO, Jr., Salvatore Albanese, Hugh McIntosh, Ralph Spero and George La Fante, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided July 23, 1965.

Attorney(s) appearing for the Case

Jerome C. Ditore, Asst. U. S. Atty. for the Eastern District of New York (Joseph P. Hoey, U. S. Atty., Eastern District of New York, on the brief), for appellee.

Maurice Edelbaum, New York City, for appellant Persico.

Jerome Lewis, Brooklyn, N. Y., for appellant La Fante.

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

Michael P. Direnzo, New York City, for appellant McIntosh.

Before SMITH and MARSHALL, Circuit Judges, and METZNER, District Judge.

METZNER, District Judge:

Defendants appeal from judgments of conviction after a trial before Rosling, J., and a jury. Defendants Persico, Albanese, McIntosh and Spero were tried and convicted on a substantive count of robbery of merchandise moving in interstate commerce (18 U.S.C. § 1951),1 and a conspiracy count. Defendant La Fante was tried and convicted solely on the conspiracy count. Because of errors in the charge, we reverse...

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