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UNITED STATES v. GEANEY

Nos. 196, 197, Dockets 33629, 33630.

417 F.2d 1116 (1969)

UNITED STATES of America, Appellee, v. Dennis GEANEY and Vincent Russell Lynch, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided November 6, 1969.

Attorney(s) appearing for the Case

Frank M. Tuerkheimer, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, Elkan Abramowitz, Asst. U. S. Atty., of counsel), for appellee.

John C. Lankenau, New York City (Lankenau, Schwartz & Kovner, New York City, Allen G. Schwartz and Victor A. Kovner, New York City, of counsel), for defendant-appellant, Dennis Geaney.

Abraham Solomon, New York City, for defendant-appellant, Vincent Russell Lynch.

Before FRIENDLY, SMITH and FEINBERG, Circuit Judges.

FRIENDLY, Circuit Judge:

Geaney's appeal from his conviction after a jury trial before Judge Tyler in the District Court for the Southern District of New York, neatly raises the vexed question of the sufficiency of evidence of conspiracy to warrant the admission of declarations of alleged co-conspirators in furtherance of the conspiracy.

The Government's case was presented primarily through the testimony of Carol...

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