UNITED STATES v. HILLARD

No. SS82 Cr. 143 (MEL).

546 F.Supp. 1351 (1982)

UNITED STATES of America, v. James HILLARD, Defendant.

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

September 17, 1982.


Attorney(s) appearing for the Case

John S. Martin, Jr., U. S. Atty., S. D. N. Y., New York City, for the U. S.; Mary Lee Warren, Asst. U. S. Atty., New York City, of counsel.

David Breitbart, New York City, for defendant.


LASKER, District Judge.

James Hillard moves pursuant to Fed.R. Cr.Pr. 33 for a new trial. The motion is based on three items of extra-record information which he claims may have come to the attention of a juror or jurors during the course of his trial. The items are:

(1) that Hillard's counsel, David Breitbart, had formerly been both a prosecutor and counsel for a major narcotics figure;

(2) that certain defendants had been released on bail during...

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