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UNITED STATES v. VOWTERAS

No. 1170, Docket 74-1412.

500 F.2d 1210 (1974)

UNITED STATES of America, Appellee, v. Nicholas VOWTERAS and Nestor Vowteras, Appellants,

United States Court of Appeals, Second Circuit.

Decided July 18, 1974.

Attorney(s) appearing for the Case

Jacob P. Lefkowitz, New York City (Theodore Krieger, New York City, on the brief), for appellants.

Paul B. Bergman, Asst. U. S. Atty. (David G. Trager, U. S. Atty., E. D. N. Y., Raymond J. Dearie, Asst. U. S. Atty., on the brief), for appellee.

Before MOORE and FEINBERG, Circuit Judges, and PALMIERI, District Judge.

PER CURIAM:

The alleged errors stem from two essential claims: first, that the joint representation of the two appellant brothers by the same trial attorney was improper and second, that Nestor Vowteras was incompetent to stand trial and that his alleged incompetence should have required a hearing under 18 U.S.C. § 4244 and should now require a new trial.

We reject both contentions.

Because of the recently decided case of United States v. DeBerry...

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