UNITED STATES v. STRATTON

Nos. 1073, 1332 and 1373, 1375, Dockets 84-1441, 84-1459, 84-1460, 84-1463 and 84-1365.

779 F.2d 820 (1985)

UNITED STATES of America, Appellee, v. Richard Lowell STRATTON, Steven Parness, Leonard Parness, and Bernard Farbar, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 13, 1985.


Attorney(s) appearing for the Case

Phylis Skloot Bamberger, New York City (The Legal Aid Society, Federal Defender Services Unit, New York City, on brief), for defendant-appellant Stratton.

Ivan S. Fisher, New York City (David W. Ely, Fisher & Ely, New York City, on brief), for defendant-appellant Farbar.

Frank A. Lopez, Brooklyn Heights, N.Y., submitted a brief, for defendants-appellants Steven Parness and Leonard Parness.

Stuart E. Abrams, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., Charles M. Carberry, Asst. U.S. Atty., New York City, on brief), for appellee.

Before NEWMAN and WINTER, Circuit Judges, and COFFRIN, District Judge.


JON O. NEWMAN, Circuit Judge:

This appeal concerns primarily the validity of a verdict returned in a criminal trial by an eleven-person jury, after a juror was excused during deliberations pursuant to the recently amended Rule 23(b) of the Federal Rules of Criminal Procedure. Richard Stratton, Steven Parness, Leonard Parness, and Bernard Farbar appeal from judgments of conviction entered in the District Court for the Southern...

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