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UNITED STATES v. ZUBKOFF

No. 11, Docket 33602.

416 F.2d 141 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Leo ZUBKOFF, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided September 30, 1969.

Certiorari Denied January 19, 1970.

Attorney(s) appearing for the Case

Paul Ivan Birzon, Buffalo, N. Y., for defendant-appellant.

Richard J. Arcara, Asst. U. S. Atty. (H. Kenneth Schroeder, Jr., U. S. Atty., for the Western District of New York, on the brief), for plaintiff-appellee.

Before LUMBARD, Chief Judge, and SMITH and FEINBERG, Circuit Judges.

Certiorari Denied January 19, 1970. See 90 S.Ct. 684.

FEINBERG, Circuit Judge:

In United States v. Palumbo, 401 F.2d 270 (2d Cir.1968), cert. denied, 394 U.S. 947, 89 S.Ct. 1281, 22 L.Ed.2d 480 (1969), this court held that a trial judge has discretion under certain circumstances to prevent the use of prior convictions to impeach a defendant. In this appeal we are told that a conviction should be set aside because the trial...

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