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UNITED STATES v. COSTA

Nos. 235, 236, Dockets 33760, 33814.

425 F.2d 950 (1969)

UNITED STATES of America, Appellee, v. Robert COSTA and Melvin Elliott, Appellants.

United States Court of Appeals Second Circuit.

Decided December 15, 1969.

Certiorari Denied June 1, 1970.

Attorney(s) appearing for the Case

John W. Nields, Jr., Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, Paul B. Galvani, Asst. U. S. Atty., of counsel), for appellee.

Michael J. Kunstler, New York, N. Y. (William M. Kunstler, New York, N. Y., William Mogulescu, New York City, of counsel), for Robert Costa.

Joshua N. Koplovitz (Koplovitz & Fabricant, Selig Lenefsky, New York, N. Y., of counsel), for Melvin Elliott.

Before WATERMAN, FRIENDLY and SMITH, Circuit Judges.

Certiorari Denied June 1, 1970. See 90 S.Ct. 1843.

FRIENDLY, Circuit Judge:

Elliott and Costa appeal from their conviction, after trial before Judge Levet and a jury in the District Court for the Southern District of New York, of selling 81.5 grams of heroin to federal narcotics agent Coursey in violation of 21 U.S.C. §§ 173 and 174, and of conspiring to do so.

The testimony of Coursey and of other agents, which has its bizarre aspects, was...

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