UNITED STATES v. DANZEY

No. 78 CR 345.

476 F.Supp. 1065 (1979)

UNITED STATES of America v. Alexander DANZEY, Defendant.

United States District Court, E. D. New York.

October 3, 1979.


Attorney(s) appearing for the Case

Edward R. Korman, U. S. Atty., Brooklyn, N. Y. (Thomas D. Sclafani, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for plaintiff.

Leon Polsky, Federal Defender Services, The Legal Aid Society, Brooklyn, N. Y. (Kenneth I. Wirfel, New York City, of counsel), for defendant.


MEMORANDUM AND ORDER

NICKERSON, District Judge.

Defendant has moved for a new trial pursuant to Rule 33 of the Federal Rules of Criminal Procedure following his conviction on two counts for bank robbery and armed bank robbery. He claims that the prosecutor's use of peremptory challenges to exclude blacks from the jury violated his right to due process under the Fifth Amendment and his right to a trial by an impartial jury of his peers under the Sixth Amendment...

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