Nos. 1137-1142, Dockets 72-1857, 72-1884, 72-2101, 72-1763, 72-2142, 72-2143.

485 F.2d 490 (1973)

UNITED STATES of America, Appellee, v. Elvin Lee BYNUM et al., Appellants.

United States Court of Appeals, Second Circuit.

Decided September 24, 1973.

Attorney(s) appearing for the Case

W. Cullen MacDonald, Asst. U.S. Atty., New York City (Paul J. Curran, U.S. Atty., Southern District of New York, John W. Nields, Jr., Asst. U.S. Atty., of counsel), for appellee.

Henry J. Boitel, New York City, for appellant Bynum.

Patrick M. Wall, New York City, for appellants Cordovano, Wright, Small, Mitchell, Garnett, Dyson, Birnbaum, Feroldi and Nedd.

H. Elliot Wales, New York City (Michael P. Di Renzo, New York City, on the brief), for appellants Coniglio and Tuzzolino.

Jerome Lewis, New York City, for appellant Mele.

Frank A. Lopez, Brooklyn, N. Y., for appellant Altamura.

Before KAUFMAN, Chief Judge, and SMITH and MULLIGAN, Circuit Judges.

On Submission to the Court July 2, 1973.

MULLIGAN, Circuit Judge:

On a previous appeal to this court we remanded this case to the trial judge, Hon. Milton Pollack, United States District Judge, Southern District of New York, for a hearing to determine whether certain wiretap evidence used at trial had been legally obtained. United States v. Bynum, 475 F.2d 832 (2d Cir. 1973). After...

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