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UNITED STATES v. PERSICO

Nos. 486-489, Dockets 34016, 34119, 34235 and 34344.

425 F.2d 1375 (1970)

UNITED STATES of America, Appellee, v. Carmine PERSICO, Salvatore Albanese, Ralph Spero, and Hugh McIntosh, Appellants.

United States Court of Appeals, Second Circuit.

Decided April 15, 1970.

Attorney(s) appearing for the Case

Maurice Edelbaum, New York City (Lawrence K. Feitell, New York City, of counsel), for appellant Persico.

Robert Kasanof, New York City, for appellant Albanese.

Frances T. Wolff, New York City (Jerome Lewis, New York City, of counsel), for appellant Spero.

Edmund A. Rosner, New York City, for appellant McIntosh.

Robert M. Ornstein, Special Atty., Dept. of Justice, Brooklyn, N. Y., Thomas M. Vockrodt, Atty., Dept. of Justice, Washington, D. C. (Edward R. Neaher, U. S. Atty., Eastern District of New York, on the brief), for appellee.

Before MOORE, HAYS and FEINBERG, Circuit Judges.

HAYS, Circuit Judge:

Carmine Persico, Salvatore Albanese, Ralph Spero and Hugh McIntosh appeal from judgments of conviction entered after a jury trial in the United States District Court for the Eastern District of New York on a charge of robbery of merchandise moving in interstate commerce 18 U.S.C. § 1951 (1964) and of conspiracy to commit the robbery.1 Appellants also appeal from the denial of their pretrial motion to dismiss the...

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