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UNITED STATES v. BIVONA

No. 304, Docket 73-1200.

487 F.2d 443 (1973)

UNITED STATES of America, Appellee, v. James BIVONA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 1, 1973.

Attorney(s) appearing for the Case

Phylis Skloot Bamberger, New York City (Robert Kasanof, The Legal Aid Society, New York City, on the brief), for defendant-appellant.

John D. Gordan III, Asst. U.S. Atty., for the S. D. New York (Paul J. Curran, U.S. Atty., for the S. D. New York, Ira Lee Sorkin, Asst. U.S. Atty. for the S. D. New York, on the brief), for appellee.

Before KAUFMAN, Chief Judge, and LUMBARD and TIMBERS, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

Once again, we are called upon to consider a criminal appeal in which the sole issue is whether the prosecutor's courtroom conduct was so inflammatory that it deprived the defendant of a fair trial. See United States v. White, 486 F.2d 204 (2d Cir.1973). James Bivona's trial before Judge Motley and a jury consumed only three days and resulted in his conviction for sale of cocaine and for conspiracy...

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