No. 84 CR 75T.

659 F.Supp. 120 (1987)

UNITED STATES of America v. Nick DiPAOLO, Edward Weather, and Paul C. Snyder, Defendants.

United States District Court, W.D. New York.

April 17, 1987.

Attorney(s) appearing for the Case

Roger P. Williams, U.S. Atty., W.D.N.Y., Rochester, N.Y. by Jonathan W. Feldman, Asst. U.S. Atty., Ronald S. Carlisi, Rochester, N.Y., for defendant DiPaolo.

George W. Conaty, Jr., Rochester, N.Y., for defendant Weather.

Paul C. Snyder, pro se.


PLATT, District Judge.

By notices of motion filed March 4, 1987, defendants DiPaolo and Weather moved for (i) an order pursuant to Rule 33, F.R. Crim.P., granting a new trial or (ii) an order granting a hearing on the motions. Both motions are based on an oral (on tape), unsworn, alleged "recantation" of JoAnn Barone's trial testimony made on July 16, 1986, by her to Charles Schiano, Esq., Weather's attorney on appeal.

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