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U.S. v. PACCIONE

No. SSS 89 Cr. 446 (CBM).

749 F.Supp. 478 (1990)

UNITED STATES of America, v. Angelo PACCIONE, Anthony Vulpis, John McDonald, A & A Land Development, August Recycling, Inc., National Carting, Inc., Stage Carting, Inc., New York Environmental Contractors, Inc., Rosedale Carting, Inc., and Vulpis Brothers, LTD., Defendants.

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

August 13, 1990.

Attorney(s) appearing for the Case

Otto G. Obermaier, U.S. Atty., S.D. of N.Y. by Elliot Peters, Jeffrey B. Sklaroff and Kevin Ford, Asst. U.S. Attys., New York City, for the U.S.

Newman & Schwartz by Gustave Newman, and Deborah Schwartz, New York City, for defendants Paccione, A & A Land Development, August Recycling, Inc., National Carting, Inc., Stage Carting, Inc., and New York Environmental Contractors, Inc.

Benjamin Brafman, P.C. by Benjamin Brafman, New York City, for defendant Vulpis.

Robert Kasanof by Robert Kasanof, and Edward Chikofsky, New York City, for defendant McDonald.

Larossa, Mitchell & Ross by Michael Ross, New York City, for defendants Rosedale Carting, Inc. and Vulpis Bros., Ltd.

OPINION

MOTLEY, District Judge.

On May 8, 1990, the Government rested its case. Defendants then moved for a judgment of acquittal on all counts pursuant to Fed.R.Crim.P. 29(a). After hearing the arguments of counsel on May 8, 1990, the court orally denied defendants' motions for a judgment of acquittal on all counts with Opinion to follow. This Opinion sets forth the court's reasons for its ruling. It also sets forth the court's finding — pursuant...

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