UNITED STATES v. GRANELLO


243 F.Supp. 325 (1965)

UNITED STATES of America v. Salvatore GRANELLO, a/k/a Sally Burns, and Hyman Levine, a/k/a George Levine, Defendants.

United States District Court S. D. New York.

July 1, 1965.


Attorney(s) appearing for the Case

Robert M. Morbenthau, U. S. Atty., Charles Stillman, Asst. U. S. Atty., of counsel, for plaintiff.

Irwin Klein, New York City, for defendant Salvatore Granello.

Irwin L. Germaise, New York City, for defendant Hyman Levine.


DIMOCK, District Judge.

These are motions by defendants Granello and Levine attacking their indictment for evasion of income tax and their conviction of failure to file income tax returns. The attack is based upon the introduction before the grand jury and at the trial of papers which have since been held to have been illegally obtained from one Lowell M. Birrell. The motions raise the difficult and unsettled question whether evidence which has been held to have been...

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