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UNITED STATES v. PADRONE

No. 326, Docket 32899.

406 F.2d 560 (1969)

UNITED STATES of America, Appellee, v. Pedro PADRONE, Appellant.

United States Court of Appeals Second Circuit.

Decided January 16, 1969.

Attorney(s) appearing for the Case

David A. Luttinger, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York and Elkan Abramowitz, Asst. U. S. Atty., on the brief), for appellee.

Jerald Rosenthal, New York City (N. Henry Lindenauer, New York City, on the brief), for appellant.

Before LUMBARD, Chief Judge, and MEDINA and WATERMAN, Circuit Judges.

PER CURIAM:

We reverse in open court the conviction of Pedro Padrone for narcotics violation and his sentence as a second felony offender because of the government's conceded and inadvertent failure to make available to defense counsel, as had been ordered by Judge Pollack on April 2, 1968, its record of a statement taken from the defendant by an Assistant United States Attorney after his arrest.

The three-page statement form was handed to Judge Pollack at...

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