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UNITED STATES v. MAGDA

No. 238, Docket 76-1298.

547 F.2d 756 (1976)

UNITED STATES of America, Appellant, v. Vincent Anthony MAGDA, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 22, 1976.

Attorney(s) appearing for the Case

Jeremy G. Epstein, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., Frederick T. Davis, Asst. U. S. Atty., New York City, of counsel), for appellant.

Sheila Ginsberg, New York City (William J. Gallagher, The Legal Aid Society, Federal Defender Services Unit, New York City, of counsel), for defendant-appellee.

Before WATERMAN and VAN GRAAFEILAND, Circuit Judges, and MOTLEY, District Judge.

VAN GRAAFEILAND, Circuit Judge:

In an indictment filed in the Southern District of New York on September 24, 1975, Vincent Magda was charged with bank robbery and with assault committed during the course of the robbery. Thereafter, District Judge Robert L. Carter granted defendant's pretrial motion to suppress evidence obtained as a result of an allegedly unlawful seizure of his person. United States v. Magda, 409 F.Supp. 734<...

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