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UNITED STATES v. COSTELLO

No. 527, Docket 30558.

381 F.2d 698 (1967)

UNITED STATES of America, Appellee, v. Frank COSTELLO, Appellant.

United States Court of Appeals Second Circuit.

Decided July 17, 1967.

Attorney(s) appearing for the Case

Joshua N. Koplovitz, New York City (Anthony F. Marra, New York City, on the brief), for appellant.

John A. Stichter, Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., and Michael W. Mitchell, Asst. U. S. Atty., on the brief), for appellee.

Before WATERMAN and SMITH, Circuit Judges, and LEVET, District Judge.

J. JOSEPH SMITH, Circuit Judge:

Frank Costello appeals from a judgment of conviction in the United States District Court for the Southern District of New York, William B. Herlands, Judge, sitting with a jury. Appellant was convicted for selling heroin on June 29, 1963, for concealing heroin on October 29, 1963 and for conspiring to violate the federal narcotic laws from May 1 to November 8, 1963. He was tried with a codefendant, John Oliveri, who was convicted for...

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