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UNITED STATES v. SCHWARTZ

No. 341, Docket Nos. 76-1324, 76-1347.

548 F.2d 427 (1977)

UNITED STATES of America, Appellee, v. Jack G. SCHWARTZ and George Sarkis, also known as "George", Appellants.

United States Court of Appeals, Second Circuit.

Decided January 25, 1977.

Attorney(s) appearing for the Case

Roy M. Cohn, New York City (Saxe, Bacon & Bolan, Michael Rosen, Ronald F. Poepplein, New York City, of counsel), for appellant Jack G. Schwartz.

John Nicholas Iannuzzi, New York City, for appellant George Sarkis.

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

Before FRIENDLY, HAYS and MULLIGAN, Circuit Judges.

HAYS, Circuit Judge:

After a jury trial, appellants Jack Schwartz and George Sarkis were convicted of having employed extortionate means to collect extensions of credit, in violation of 18 U.S.C. §§ 2, 894. Each now urges that the evidence at trial was insufficient to sustain his conviction and that the prosecuting attorney's use of the term "Mafia" in questioning a defense witness injected such prejudice into the trial as to warrant our reversal of the...

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