No. 775, Docket 75-1376.

533 F.2d 809 (1976)

UNITED STATES of America, Appellant, v. Dominic TORTORELLO, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 1, 1976.

Attorney(s) appearing for the Case

Ronald L. Garnett, Asst. U. S. Atty., New York City (Thomas J. Cahill, U. S. Atty., and James A. Moss and John D. Gordan, III, Asst. U. S. Attys., of counsel), for appellant.

Irving Anolik, New York City (Joseph P. Carrozza, New York City, of counsel), for defendant-appellee.

Before HAYS, MULLIGAN and GURFEIN, Circuit Judges.

GURFEIN, Circuit Judge:

The United States appeals, pursuant to 18 U.S.C. § 3731, from an order of the United States District Court for the Southern District of New York, Lloyd F. MacMahon, Judge, suppressing certain stolen coffee as well as certain statements of the defendant Dominic Tortorello ("Tortorello") as evidence against him at trial.

On April 25, 1973, Frank Hoffman ("Hoffman") and Tortorello, while driving a van containing some 50 boxes...


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