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U.S. v. CRUZ

No. 108, Docket 91-1456.

981 F.2d 659 (1992)

UNITED STATES of America, Appellee, v. Domingo LaBoy CRUZ, Defendant, Maximino Bonifacio, also known as Nery, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 21, 1992.

Attorney(s) appearing for the Case

Gaspar M. Castillo, Jr., Albany, NY, for defendant-appellant.

Donald T. Kinsella, Asst. U.S. Atty., Albany, NY (Gary L. Sharpe, U.S. Atty. N.D. New York, of counsel), for appellee.

Before: VAN GRAAFEILAND, WINTER and MAHONEY, Circuit Judges.

WINTER, Circuit Judge:

Maximino Bonifacio appeals from his conviction by a jury before Judge Cholakis for conspiracy to possess cocaine with the intent to distribute in violation of 21 U.S.C. § 846 (1988), and for possession of cocaine with the intent to distribute and for distribution in violation of 21 U.S.C. § 841(a)(1) (1988), and 18 U.S.C. § 2 (1988). We reverse on the ground that expert testimony was improperly admitted. This testimony concerned...

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