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UNITED STATES v. FRANZESE

Nos. 183, 240, Dockets 75-2051, 75-2081.

525 F.2d 27 (1975)

UNITED STATES of America, Appellee, v. John "Sonny" FRANZESE and Nicholas Potere, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 30, 1975.

Attorney(s) appearing for the Case

Herbert A. Lyon, Kew Gardens, N. Y. (Lyon & Erlbaum, William M. Erlbaum, and Charles Wender, Kew Gardens, N. Y., of counsel), for appellant John Franzese.

Henry J. Boitel, New York City, for appellant Nicholas Potere.

Paul F. Corcoran, Asst. U. S. Atty. (David G. Trager, U. S. Atty., E. D. N. Y., and Paul B. Bergman, Asst. U. S. Atty., of counsel), for appellee.

Before FRIENDLY, HAYS and FEINBERG, Circuit Judges.

HENRY J. FRIENDLY, Circuit Judge:

By separate notices of motion John ("Sonny") Franzese and Nicholas Potere applied in 1974 to the District Court for the Eastern District of New York for an order, pursuant to 28 U.S.C. § 2255, to vacate their convictions on three substantive counts and a conspiracy count relating to bank robberies, which we had affirmed on appeal seven years ago, 392 F.2d 954 (2 Cir. 1968).1...

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