UNITED STATES v. KELLEY

No. 71 Cr. 1108.

334 F.Supp. 435 (1971)

UNITED STATES of America, v. William KELLEY et al., Defendants.

United States District Court, S. D. New York.

November 17, 1971.


Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., New York City, for the United States; Dean C. Rohrer, Asst. U. S. Atty., of counsel.

Emanuel Molofsky, New York City, for defendant Kelley.

Frederick H. Block, New York City, for defendant Pinkney.

Howard L. Jacobs, New York City, for defendant Hairston.


FINDINGS OF FACT AND OPINION

EDWARD WEINFELD, District Judge.

In this nonjury case, three defendants, William Kelley, Robert Pinkney and Robert Hairston, are charged with having stolen in excess of $100 from the Marine Midland Bank of Southeastern New York, an FDIC insured bank, in violation of 18 U.S.C., section 2113(b), and of the aiding and abetting law, 18 U.S.C., section 2.

To sustain its burden of proof, the government relied upon the testimony...

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