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UNITED STATES v. MALAFRONTE

No. 183, Docket 30086.

357 F.2d 629 (1966)

UNITED STATES of America, Appellee, v. Albert MALAFRONTE, Appellant.

United States Court of Appeals Second Circuit.

Decided February 28, 1966.

Attorney(s) appearing for the Case

Theodore Krieger, New York City, for appellant.

Richard A. Givens, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, John E. Sprizzo, Asst. U. S. Atty., on the brief), for appellee.

Before WATERMAN, KAUFMAN and HAYS, Circuit Judges.

KAUFMAN, Circuit Judge.

In this companion appeal to United States v. Freeman, 357 F.2d 606 (2d Cir. 1965), decided today, we are asked to overturn Albert Malafronte's conviction for selling narcotics in violation of 21 U.S.C. §§ 173, 174, on the same grounds as those urged in Freeman. Malafronte was tried by Judge Levet without a jury and was sentenced, as a second offender, to ten years' imprisonment. At trial, Malafronte...

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