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UNITED STATES v. BROWN

Nos. 81, 86, Dockets 81-1136, 81-1138.

699 F.2d 585 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Howard BROWN and Alexander Bishop, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 24, 1983.

Attorney(s) appearing for the Case

Bernard S. Greenbaum, Brooklyn, N.Y., for defendant-appellant Brown.

Philip Katowitz, Brooklyn, N.Y., for defendant-appellant Bishop.

Thomas H. Roche, Asst. U.S. Atty., Brooklyn, N.Y. (Edward R. Korman, U.S. Atty., E.D.N.Y., Mary McGowan Davis, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for plaintiff-appellee.

Before LUMBARD, MANSFIELD and VAN GRAAFEILAND, Circuit Judges.

MANSFIELD, Circuit Judge:

Howard Brown and Alexander Bishop appeal from a judgment of the Eastern District of New York convicting them, after a jury trial before Judge Edward R. Neaher, of bank robbery and armed bank robbery, 18 U.S.C. §§ 2113(a) and (d). We reverse for the reason that the admission into evidence for impeachment purposes of a postindictment statement taken from Brown violated his Sixth Amendment right to counsel and the government's use...

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