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UNITED STATES v. CARINO

No. 129, Docket 33317.

417 F.2d 117 (1969)

UNITED STATES of America, Appellee, v. Gabriel J. CARINO, Appellant.

United States Court of Appeals Second Circuit.

Decided October 16, 1969.

Attorney(s) appearing for the Case

James M. LaRossa, New York City, for appellant.

John R. Wing, Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., and Paul B. Galvani, Asst. U. S. Atty., Southern District of New York, on the brief), for appellee.

Before MOORE, HAYS and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

On September 29, 1967 a hold up took place in Port Chester, New York in the course of which a powder was thrown into the eyes of the victim. Lt. Poletsky and Sergt. Gorski of the Port Chester police were sent to the scene of the crime to pick up clues and discover the perpetrator of the offense. They had been told that Carino was a possible suspect. While they were looking for a container which might still have in it a residue of the powder...

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