UNITED STATES v. PACHAY

No. 1027, Docket 82-1365.

711 F.2d 488 (1983)

UNITED STATES of America, Appellee, v. Freddy PACHAY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 27, 1983.


Attorney(s) appearing for the Case

Daniel H. Murphy, II, Pelham Manor, N.Y., for defendant-appellant.

Warren Neil Eggleston, Asst. U.S. Atty., New York City (John S. Martin, Jr., U.S. Atty., Andrew J. Levander, Walter P. Loughlin, Asst. U.S. Attys., New York City, on the brief), for appellee.

Before MANSFIELD, MESKILL and NEWMAN, Circuit Judges.


NEWMAN, Circuit Judge:

The issue on this appeal is whether a defendant in a federal criminal trial can waive his right to a unanimous jury verdict. Appellant contends that his narcotics conviction entered on September 24, 1982, in the District Court for the Southern District of New York (John E. Sprizzo, Judge) should be reversed because the District Court accepted a jury verdict of guilty by a vote of 11 to 1 after the defendant and the prosecution had agreed to...

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