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UNITED STATES v. CHRISTOPHE

Nos. 251, 268, 274, Dockets 72-1807, 72-1866, 1867.

470 F.2d 865 (1972)

UNITED STATES of America, Appellee, v. Nicholas CHRISTOPHE et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 14, 1972.

Attorney(s) appearing for the Case

Walter J. Higgins, Jr., Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty. for Southern District of New York, and Peter F. Rient, Asst. U. S. Atty., on the brief), for appellee.

John L. Pollok, New York City (Lenefsky, Gallina, Mass, Berne & Hoffman and Jeffrey C. Hoffman, New York City, on the brief), for appellant Nicholas Christophe.

James M. LaRossa, New York City (Gerald L. Shargel, New York City, on the brief), for appellant Albert Pierro.

Jay Goldberg, New York City (Gretchen White Oberman, New York City, on the brief), for appellant Victor Panica.

Before LUMBARD, FEINBERG and OAKES, Circuit Judges.

LUMBARD, Circuit Judge:

Nicholas Christophe, Victor Panica, and Albert Pierro appeal from judgments of conviction entered against them on June 20, 1972, in the Southern District of New York. They were prosecuted under a two count indictment alleging (1) possession, with the intent to distribute, of a narcotic drug, in violation of 21 U.S.C. §§ 812, 841(a)(1) and 841(b)(1)(A), and (2) conspiracy to violate these...

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