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UNITED STATES v. KAPLAN

No. 1232, Docket 74-1580.

510 F.2d 606 (1974)

UNITED STATES of America, Appellee, v. Samuel KAPLAN, Appellant.

United States Court of Appeals, Second Circuit.

Decided October 15, 1974.

Rehearing Denied February 19, 1974.

Attorney(s) appearing for the Case

Kenneth J. Kaplan, Asst. U. S. Atty., E. D. N. Y. (David G. Trager, U. S. Atty., E. D. N. Y., Paul B. Bergman, Brooklyn, N. Y., of counsel), for appellee.

Gerald L. Shargel, New York City (La Rossa, Shargel & Fischetti, New York City, of counsel), for appellant.

Before OAKES, Circuit Judge, and FRANKEL and KELLEHER, District Judges.

FRANKEL, District Judge:

Appellant assails a judgment sentencing him to prison for eight years for unlawful possession and distribution of 25.6 grams of heroin on January 6, 1972. Though the trial was brief and the Government's case depended almost entirely upon the testimony of a single narcotics agent, the sufficiency of the evidence is not questioned. The case was carefully and thoughtfully tried. Nevertheless, we find error in an evidentiary ruling sufficiently...

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