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UNITED STATES v. MAZZELLA

No. 68 Cr. 718.

295 F.Supp. 1033 (1969)

UNITED STATES of America v. Richard G. MAZZELLA, Michael D'Angelo, Pasquale Rascona, Joseph Pascale and Scenzio John Patone, Defendants.

United States District Court S. D. New York.

January 9, 1969.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, for the United States, James W. Brannigan, Jr., Asst. U. S. Atty., of counsel.

Biaggi, Ehrlich & Lang, New York City, for defendants Mazzella and D'Angelo, Paul A. Victor, Saverio Muschio, Bernard G. Ehrlich, Mario Biaggi, New York City, of counsel.

Caiola & Victor, New York City, for defendant Rascona, Paul A. Victor, Saverio Muschio, Bernard G. Ehrlich, New York City, of counsel.

Evseroff, Newman & Sonenshine, Brooklyn, N. Y., for defendant Pascale, by William Sonenshine, Brooklyn, N. Y.

Emanuel Thebner, New York City, for defendant Patone.

MEMORANDUM

BONSAL, District Judge.

The defendants are charged in a one-count indictment with possession of 100 RCA Color Television Sets which had been stolen while moving in interstate commerce from Indianapolis, Indiana to Freeport, New York, knowing that they had been stolen, in violation of 18 U.S.C. §§ 659, 2.

Defendants move for an order (1) suppressing evidence including the 100 RCA Color Television Sets, on the ground that the evidence...

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