No. 1236, Docket 83-1050.

709 F.2d 155 (1983)

UNITED STATES of America, Appellee, v. Santos MEDINA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 27, 1983.

Attorney(s) appearing for the Case

Roanne L. Mann, Asst. U.S. Atty., New York City (John S. Martin, U.S. Atty., Louis J. Freeh, Asst. U.S. Atty., of counsel), for appellee.

Lawrence W. Kessler, Hempstead, N.Y. for defendant-appellant.

Before KAUFMAN and VAN GRAAFEILAND, Circuit Judges, and MISHLER, District Judge.


Santos Medina appeals from Judge Werker's order denying his motion to dismiss count two of a three count indictment or, alternatively, to exclude certain evidence in a possible subsequent prosecution. Medina was tried before Judge Werker and a jury in December 1982. He was charged with conspiracy to rob a bank, 18 U.S.C. §§ 371, 2113(a) (count 1), aiding and abetting a bank robbery, 18 U.S.C. §§ 2, 2113(a) (count 2), and aiding and...

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