U.S. v. GALLO

No. 560, Docket 87-1379.

859 F.2d 1078 (1988)

UNITED STATES of America, Appellee, v. Joseph N. GALLO, Joseph Armone, Joseph Corrao, Robert DiBernardo, James Failla, Joseph Zingaro, Thomas Agro, Robert Desimone, Jack Giardano, Angelo Ruggiero, Anthony Vitta, George Daly, Louis Giardina, Salvatore Migliorisi, Julie Miron, Mildred Russo, Defendants, Julie Miron, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 22, 1988.


Attorney(s) appearing for the Case

Lawrence H. Tribe, Cambridge, Mass. (Brian Koukoutchos, Cambridge, Mass., Andrew M. Lawler and Sharon D. Feldman, New York City, of counsel), for defendant-appellant.

Douglas E. Grover, Sp. Atty., Brooklyn Strike Force, Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., Brooklyn, N.Y., Deborah Watson, Dept. of Justice, Washington, D.C., Laura Ward, Sp. Atty., Brooklyn Strike Force, Brooklyn, N.Y., of counsel), for appellee.

Before VAN GRAAFEILAND, WINTER and ALTIMARI, Circuit Judges.


WINTER, Circuit Judge:

This appeal raises in stark form the question of under what circumstances a defendant is entitled to a dismissal of an indictment where his fifth amendment rights have been violated by the inadvertent inclusion of prior immunized testimony in an application for electronic surveillance that led to evidence of his criminality.

Julie Miron testified under a grant of immunity before a grand jury looking into the activities of now-convicted...

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