UNITED STATES v. PUCO

No. 251, Docket 71-1887.

453 F.2d 539 (1971)

UNITED STATES of America, Appellee, v. Albert PUCO, Appellant.

United States Court of Appeals, Second Circuit.

Decided December 3, 1971.


Attorney(s) appearing for the Case

Jay Goldberg, New York City, for appellant.

John H. Gross, Asst. U. S. Atty., New York City (Whitney North Seymour, Jr., U. S. Atty., and John W. Nields, Jr., Asst. U. S. Atty., New York City, on the brief), for appellee.

Before WATERMAN, SMITH, and TIMBERS, Circuit Judges.


TIMBERS, Circuit Judge:

The decisive issue on this appeal is whether the District Court, in exercising its discretion under our Palumbo decision,1 erred in ruling that the government could use a 21-year old narcotics conviction of appellant to impeach him while on trial in the instant case for violation of the federal narcotics laws. For the reasons stated below, we hold that the District Court did err in that ruling. We therefore...

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