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UNITED STATES v. POLISI

Nos. 260, 261, Dockets 32877, 32878.

416 F.2d 573 (1969)

UNITED STATES of America, Appellee, v. Anthony POLISI and Salvatore Polisi, Appellants.

United States Court of Appeals Second Circuit.

Decided September 25, 1969.

Attorney(s) appearing for the Case

Jerome C. Ditore, Asst. U. S. Atty., Eastern District of New York (Joseph P. Hoey, U. S. Atty., on the brief), for appellee.

Peter L. F. Sabbatino, New York City, (Henry J. Boitel, and Sabbatino & Todarelli, New York City, on the brief), for appellants.

Before MOORE, SMITH and HAYS, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from an order of the United States District Court for the Eastern District of New York, entered April 8, 1968, Walter Bruchhausen, Judge, denying the motion of appellants Anthony and Salvatore Polisi for a new trial on the grounds of newly discovered evidence, Rule 33, Fed.R.Crim.Proc. We find error as to appellant Anthony Polisi and reverse for a new trial. We find no error...

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