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UNITED STATES v. CECCOLINI

No. 1125, Docket 76-1091.

542 F.2d 136 (1976)

UNITED STATES of America, Appellant, v. Ralph CECCOLINI, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 15, 1976.

Attorney(s) appearing for the Case

Peter D. Sudler, Sp. Atty., U. S. Dept. of Justice, New York City (Michael D. Abzug, Sp. Atty., U. S. Dept. of Justice, Robert B. Fiske, Jr., U. S. Atty., Southern District of New York, New York City, Steven A. Schatten, Asst. U. S. Atty., on the brief), for appellant.

Joel Martin Aurnou, White Plains, N. Y. (Greenspan & Aurnou, White Plains, N. Y., on the brief) for appellee.

Before KAUFMAN, Chief Judge, and FEINBERG and VAN GRAAFEILAND, Circuit Judges.

FEINBERG, Circuit Judge:

This admirably argued case comes to us in an unusual procedural posture. After a non-jury trial in the United States District Court for the Southern District of New York on two counts charging perjury before a grand jury, 18 U.S.C. § 1623, Judge Lee P. Gagliardi found defendant Ralph Ceccolini not guilty on one count and guilty on the other. But the judge then immediately set aside the guilty...

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