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UNITED STATES v. BARBATI

No. 66 CR 98.

284 F.Supp. 409 (1968)

UNITED STATES of America, Plaintiff, v. John BARBATI, Defendant.

United States District Court E. D. New York.

April 26, 1968.

Attorney(s) appearing for the Case

Joseph P. Hoey, U. S. Atty. for Eastern District of New York, Brooklyn, for plaintiff; Dennis Dillon, Asst. U. S. Atty., of counsel.

S. Paul Fishman, Brooklyn, for defendant.

OPINION AND ORDER

WEINSTEIN, District Judge.

Having been convicted of passing a Ten Dollar counterfeit bill (18 U.S.C. § 472), defendant moves for a new trial on the ground that the verdict rested upon inadmissible hearsay evidence. See Fed.R.Crim.Proc. 33.

A barmaid and a policeman were the chief witnesses for the prosecution. Two counterfeit Ten Dollar bills had been given to the barmaid in payment for drinks by two men sitting together at...

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