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UNITED STATES v. DEL PURGATORIO

No. 290, Docket 32896.

411 F.2d 84 (1969)

UNITED STATES of America, Appellee, v. Frank DEL PURGATORIO, Appellant.

United States Court of Appeals Second Circuit.

Decided May 28, 1969.

Attorney(s) appearing for the Case

Herbert S. Siegal, New York City, for appellant.

James D. Zirin, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, New York City, and Lars I. Kulleseid, Asst. U. S. Atty., on the brief), for appellee.

Before LUMBARD, Chief Judge, MOORE and FRIENDLY, Circuit Judges.

MOORE, Circuit Judge:

Frank Del Purgatorio (appellant) appeals from a judgment of conviction by jury verdict. He was tried on only two counts (Counts 19 and 24) of an indictment containing 37 counts against 17 defendants. With him was tried Jose Marrero charged with conspiracy (Count 19) and with the possession (Count 23) of merchandise stolen pursuant to the Count 19 conspiracy. Count 19 alleged a conspiracy commencing in July 1964; Count 24 a conspiracy commencing...

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