No. 465, Docket 83-1292.

727 F.2d 265 (1984)

UNITED STATES of America, Appellee, v. Leonard DiMARIA, Appellant.

United States Court of Appeals, Second Circuit.

Decided February 6, 1984.

Attorney(s) appearing for the Case

Norman A. Olch, New York City, for appellant.

Diane F. Giacalone, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y. (Raymond J. Dearie, U.S. Atty., E.D.N.Y., L. Kevin Sheridan, David V. Kirby, Asst. U.S. Attys., Brooklyn, N.Y.), for appellee.

Before FRIENDLY, MANSFIELD and KEARSE, Circuit Judges.

FRIENDLY, Circuit Judge:

Appellant Leonard DiMaria was convicted in the District Court for the Eastern District of New York, after trial before Judge Bramwell and a jury, on three counts of an indictment charging, respectively, possession of cigarettes stolen while moving in interstate commerce in violation of 18 U.S.C. § 659 (Count III), possession of contraband cigarettes in violation of 18 U.S.C. § 2342 (Count...

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