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UNITED STATES v. GRASSO

Crim. No. H-75-52.

413 F.Supp. 166 (1976)

UNITED STATES of America v. Sylvio GRASSO.

United States District Court, D. Connecticut.

May 13, 1976.

Attorney(s) appearing for the Case

Peter Dorsey, U. S. Atty., New Haven, Conn., Michael Hartmere, Asst. U. S. Atty., Hartford, Conn., David H. Beitz, Dept. of Justice, Washington, D. C., for plaintiff.

Donald Cardwell, Hartford, Conn., Henry Rothblatt, New York City, Frank Berall, Hartford, Conn., for defendant.

RULING ON DEFENDANT'S MOTION TO DISMISS

ZAMPANO, District Judge.

The issue presented by defendant's motion to dismiss is whether the Double Jeopardy Clause of the Fifth Amendment will be violated by the retrial of the defendant, Sylvio J. Grasso, after his original trial ended in a mistrial declared by the trial judge, sua sponte.

I.

The moving papers indicate that on April 16, 1975, the defendant was indicted on three counts of...

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