UNITED STATES v. NAPOLITANO

No. 1032, Docket 84-1447.

761 F.2d 135 (1985)

UNITED STATES of America, Appellee, v. Peter NAPOLITANO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 3, 1985.


Attorney(s) appearing for the Case

John H. Jacobs, P.C., New York City (with Jill Harris, New York University School of Law, on the brief), for defendant-appellant.

Patty Merkamp Stemler, Asst. U.S. Atty., New York City (Raymond J. Dearie, U.S. Atty. for the E.D. of N.Y., Brooklyn, N.Y.; Samuel Rosenthal, Chief, Appellate Section, Criminal Div., Dept. of Justice, Washington, D.C.; Jerry D. Bernstein, Sp. Atty., Organized Crime Branch, Dept. of Justice, Brooklyn, N.Y., of counsel), for appellee.

Before VAN GRAAFEILAND and CARDAMONE, Circuit Judges, and POLLACK, Senior District Judge.


MILTON POLLACK, Senior District Judge:

Defendant, Peter Napolitano, was arrested on September 30, 1982; the next day the government filed a complaint charging defendant with applying for a bank account at a Citibank branch in Hicksville, Long Island, under a false name ("Louis Ferolito"), address, and bank reference, in violation of 18 U.S.C. § 1014. The complaint also charged that defendant, on September 29, 1982, had deposited four checks into the account without...

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