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UNITED STATES v. COMISSIONG

No. 869, Docket 34558.

429 F.2d 834 (1970)

UNITED STATES of America, Appellee, v. Berton COMISSIONG, Appellant,

United States Court of Appeals, Second Circuit.

Decided July 30, 1970.

Attorney(s) appearing for the Case

James Schreiber, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S. D. New York, New York City, and Jack Kaplan, Asst. U. S. Atty., of counsel), for appellee.

Kenneth Kase, New York City, for appellant.

Before FRIENDLY, SMITH and HAYS, Circuit Judges.

FRIENDLY, Circuit Judge:

Berton Comissiong appeals from a judgment of the District Court for the Southern District of New York convicting him, after a bench trial, of two violations of the familiar statute, 21 U.S.C. §§ 173 and 174, which forbids receiving, concealing, and facilitating the transportation and concealment of heroin. Comissiong does not deny his guilt; the sole issues are whether the narcotics agents had probable cause for the arrest leading...

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