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UNITED STATES v. PARNESS

No. 73 Cr. 750.

408 F.Supp. 440 (1975)

UNITED STATES of America v. Milton PARNESS and Barbara Parness, Defendants.

United States District Court, S. D. New York

September 29, 1975.

Attorney(s) appearing for the Case

Paul J. Curran, U. S. Atty. for the Southern District of New York, New York City, for the United States; Joel N. Rosenthal, Asst. U. S. Atty., New York City, of counsel.

Saxe, Bacon, Bolan & Manley, New York City, for defendant Milton Parness; Roy M. Cohn, Michael Rosen, New York City, of counsel.

Gasthalter & Pollok, New York City, for defendant Barbara Parness; John L. Pollok, New York City, of counsel.

MEMORANDUM

BONSAL, District Judge.

Defendants Milton and Barbara Parness move pursuant to Fed.R.Cr.P. 33 for a new trial based on newly discovered evidence on the ground that "the testimony of the prosecution's witness-in-chief was false as to material matters" and "that at the time of trial the United States Attorney knew or should have known of material evidence favorable to the defendants which was not disclosed or made available to the defendants."

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