UNITED STATES v. LUSTERINO

No. 136, Docket 71-1541.

450 F.2d 572 (1971)

UNITED STATES of America, Appellee, v. John LUSTERINO, Appellant.

United States Court of Appeals, Second Circuit.

Decided November 30, 1971.


Attorney(s) appearing for the Case

Jerome Lewis, New York City (Jerome C. Ditore, New York City, of counsel), for appellant.

Edward R. Korman, Asst. U. S. Atty. (Robert A. Morse, U. S. Atty., E.D.N.Y., David G. Trager and George G. Bashian, Jr., Asst. U. S. Attys., of counsel), for appellee.

Before MURRAH, WATERMAN and SMITH, Circuit Judges.


J. JOSEPH SMITH, Circuit Judge:

John Lusterino appeals from a judgment of conviction on the first four counts of a five-count indictment after a jury trial in the United States District Court for the Eastern District of New York, Anthony J. Travia, Judge; the first three counts charged Lusterino and Grillo, his co-defendant who testified for the government and whose case was severed prior to trial on Lusterino's motion, with passing, attempting to sell and...

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