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UNITED STATES v. BAUM

Nos. 370, 468, Docket 72-1966, 72-2134.

482 F.2d 1325 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Richard BAUM and Joseph Scapoli, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 22, 1973.

As Amended on Denial of Rehearing June 4, 1973.

Attorney(s) appearing for the Case

Michael B. Mukasey, Peter L. Truebner, John W. Nields, Jr., Asst. U. S. Attys., Whitney North Seymour, Jr., U. S. Atty., for appellee.

Arthur S. Olick, Kreindler, Relkin, Olick & Goldberg, New York City, for defendant-appellant Baum.

Irving Anolik, New York City, Lanna, Coppola & Rosato, Yonkers, N. Y., for defendant-appellant Scapoli.

Before FRIENDLY, Chief Judge, FEINBERG, Circuit Judge, and HOLDEN, District Judge.

HOLDEN, District Judge:

Richard Baum and Joseph Scapoli appeal their conviction, after trial by jury, of criminal possession of Panasonic radios stolen from a foreign and interstate shipment of freight, knowing the same to have been stolen, in violation of 18 U.S.C. § 659. The trial began on July 17, 1972 in the Southern District of New York, Judge MacMahon presiding. The evidence was completed and the cause submitted on the same day. The jury returned its verdict...

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