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UNITED STATES v. CUSUMANO

Nos. 531-535, Dockets 34092, 34290-34293.

429 F.2d 378 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony CUSUMANO, Michael John McCarthy, Eugene Arthur Riggio, Anthony Suppa and James Testa, Defendant-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 25, 1970.

Certiorari Denied October 12, 1970.

Attorney(s) appearing for the Case

Jill Wine Volner, Atty., Dept. of Justice, Washington, D. C. (Edward R. Neaher, U. S. Atty., for the Eastern District of New York, Robert Ornstein, Special Atty., and William Murphy, Atty., Dept. of Justice, on the brief), for appellee.

Michael P. Direnzo, New York City, for appellant Anthony Cusumano.

Eugene F. Mastropieri, Glendale, N. Y., for appellants Michael John McCarthy and Anthony Suppa.

Gustave H. Newman, Brooklyn, N. Y. (Evseroff, Newman & Sonenshine, Brooklyn, N. Y., on the brief), for appellant Eugene A. Riggio.

James M. LaRossa, New York City, for appellant James Testa.

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

Certiorari Denied October 12, 1970. See 91 S.Ct. 61, 62.

LUMBARD, Chief Judge:

Anthony Cusumano, Michael John McCarthy, Eugene Arthur Riggio, Anthony Suppa, and James Testa were convicted in the Eastern District after a jury trial before Judge Judd of theft and possession of goods stolen from an interstate shipment in violation of 18 U.S.C. § 659. Appellants challenge the sufficiency of the warnings given to them when they were placed in custody. We find...

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