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U.S. v. GIOVANELLI

No. 459, Docket 89-1274.

897 F.2d 1227 (1990)

UNITED STATES of America, Appellee, v. Federico GIOVANELLI, Steven Maltese, and Carmine Gualtiere, Defendants. In re Criminal Contempt Order of Judge Motley, entered on May 22, 1989, against Lawrence HOCHHEISER, an Attorney, Appeal of Lawrence HOCHHEISER, Esq.

United States Court of Appeals, Second Circuit.

Decided February 15, 1990.

Attorney(s) appearing for the Case

Vivian Shevitz, (Georgia J. Hinde, New York City, of counsel), for appellant Lawrence Hochheiser.

Adam S. Hoffinger, Asst. U.S. Atty. for the S.D.N.Y. (Otto G. Obermaier, U.S. Atty. for the S.D.N.Y., David E. Brodsky, Asst. U.S. Atty., New York City, of counsel), for appellee U.S.

Before OAKES, Chief Judge, CARDAMONE, Circuit Judge and POLLACK, District Judge

CARDAMONE, Circuit Judge:

We review an order that summarily held an attorney in criminal contempt for his courtroom misbehavior on two separate occasions, both occurring in the judge's presence. On the first occasion, defense counsel posed a series of questions in cross-examination that the trial judge believed she had previously ruled improper; on the second occasion, counsel addressed angry and defiant remarks to the judge as a result of the contempt sanction she...

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