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UNITED STATES v. CHIN DAN FOOK

No. 641, Docket 33441.

413 F.2d 1016 (1969)

UNITED STATES of America, Appellee, v. CHIN DAN FOOK, a/k/a George Young, Appellant.

United States Court of Appeals Second Circuit.

Decided July 15, 1969.

Attorney(s) appearing for the Case

H. Elliot Wales, New York City (Gilbert S. Rosenthal, New York City, on the brief), for appellant.

Abraham D. Sofaer, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, Jack Kaplan, Asst. U. S. Atty., on the brief), for appellee.

Before MOORE, SMITH and ANDERSON, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

The defendant, Chin Dan Fook, a/k/a George Young, was charged in a one-count indictment with the illegal possession of heroin in violation of 21 U.S.C. §§ 173, 174. A pre-trial motion to suppress was denied by Judge Weinfeld, and the case was tried without a jury to Judge MacMahon, who found the defendant guilty and sentenced him to the mandatory minimum term of five years imprisonment. On appeal the only question is whether...

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