UNITED STATES v. CONTINO

No. 74 Cr. 1154.

394 F.Supp. 607 (1975)

UNITED STATES of America, Plaintiff, v. James Patrick CONTINO et al., Defendants.

United States District Court, S. D. New York.

February 26, 1975.


Attorney(s) appearing for the Case

Paul J. Curran, U. S. Atty., S. D. N. Y., New York City, for plaintiff; Lawrence B. Pedowitz, Asst. U. S. Atty., of counsel.

Frank A. Lopez, Brooklyn, N. Y., for defendant James Patrick Contino; Leonard Fusfield, Brooklyn, N. Y., of counsel.

Weiswasser & Weiswasser, Brooklyn, N. Y., for defendant Thomas Contino; Howard H. Weiswasser, Brooklyn, N. Y., of counsel.

William J. Gallagher, Federal Defender Services Unit, New York City, for defendant Christy King; Jack Lipson, The Legal Aid Society, New York City, of counsel.


PALMIERI, District Judge.

What follows could aptly be described as a tale of two banks. The essential issue before me is whether New York State Police officers acted without probable cause is effecting the arrest of the three defendants without warrants. The defendants have moved to suppress certain physical evidence seized at the time of their arrests, Rule 41, Fed.R.Cr.P. A hearing was held on February 21, 1975, at which New York State Police Officers Shea and Coffey...

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