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UNITED STATES v. BIRNEY

No. 980, Docket 82-1011.

686 F.2d 102 (1982)

UNITED STATES of America, Appellee, v. Carol BIRNEY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 9, 1982.

Attorney(s) appearing for the Case

Paul Shechtman, Asst. U. S. Atty., New York City (John S. Martin, Jr., U. S. Atty. for the Southern District of New York, Edward J. M. Little, Walter P. Loughlin, Asst. U. S. Attys., New York City, on the brief), for appellee.

Irving P. Seidman, New York City (Lawrence H. Silverman, Seidman & Dochter, P. C., New York City, on the brief), for defendant-appellant.

Before OAKES, CARDAMONE and WINTER, Circuit Judges.

CARDAMONE, Circuit Judge:

In 1974 Carol Birney began working as a teller at the Suffern, New York, branch of the Marine Midland Bank, N. A. That branch burned to the ground in January 1978. An audit conducted immediately thereafter revealed Birney's cash account was short by approximately $39,000. The Federal Bureau of Investigation began an enquiry and within a month a grand jury issued a subpoena for the bank's books and...

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