UNITED STATES v. POLISI

No. 782, Docket 74-2656.

514 F.2d 977 (1975)

UNITED STATES of America, Appellee, v. Salvatore POLISI, Appellant.

United States Court of Appeals, Second Circuit.

Decided April 8, 1975.


Attorney(s) appearing for the Case

Gerald L. Shargel, New York City (LaRossa, Shargel & Fischetti, New York City, on the brief), for appellant.

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

Before KAUFMAN, Chief Judge, SMITH, Circuit Judge, and MacMAHON, District Judge.


IRVING R. KAUFMAN, Chief Judge:

Whether a psychiatric examination conducted pursuant to 18 U.S.C. § 4208(b) may be taken to satisfy a defendant's subsequent request for a determination of competence to stand trial is the relatively simple question we are called upon by this case to decide. Salvatore Polisi appeals from a judgment of conviction for two counts of armed bank robbery in violation of 18 U.S.C. § 2113(a) and § 2113(d). We reverse.

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