UNITED STATES v. ABBATE

No. 295, Docket 71-1757.

451 F.2d 990 (1971)

UNITED STATES of America, Appellee, v. John Charles ABBATE, Appellant.

United States Court of Appeals, Second Circuit.

Decided November 24, 1971.


Attorney(s) appearing for the Case

Robert Hermann, The Legal Aid Society, New York City, for appellant.

Raymond J. Dearie, Asst. U. S. Atty., Robert A. Morse, U. S. Atty. E. D. N. Y., for appellee; David G. Trager, Asst. U. S. Atty., of counsel.

Before KAUFMAN and MANSFIELD, Circuit Judges, and LEVET, District Judge.


PER CURIAM:

This is an appeal from a judgment of the United States District Court for the Eastern District of New York (Joseph C. Zavatt, J.) entered June 25, 1971 after a jury trial, which judgment convicted appellant of two counts of bank robbery. We affirm.

Appellant does not challenge the sufficiency of the evidence against him but argues that eyewitnesses' testimony concerning pretrial photographic identifications should have been excluded by the District...

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