BRACH v. UNITED STATES

No. 1183, Docket 76-2040.

542 F.2d 4 (1976)

Simon BRACH, Plaintiff-Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided September 9, 1976.


Attorney(s) appearing for the Case

Steven H. Thal, New York City (Thal & Youtt, New York City, of counsel), for plaintiff-appellant.

Bernard J. Fried, Asst. U. S. Atty., Eastern District of New York, Brooklyn, N. Y. (David G. Trager, U. S. Atty., and Paul R. Bergman, Asst. U. S. Atty., Eastern District of New York Brooklyn, N. Y., of counsel), for appellee.

Before MANSFIELD, OAKES and GURFEIN, Circuit Judges.


GURFEIN, Circuit Judge:

Simon Brach appeals from an unreported decision of the District Court for the Eastern District of New York, Hon. John R. Bartels, denying a motion under 28 U.S.C. § 2255 to vacate his sentence and conviction because of alleged prosecutorial suppression of critical evidence and information.

On March 3, 1972 appellant and his mother, Zali Fried, were convicted after a jury trial in the District Court, of possession and sale of stolen...

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