IN RE ALTRO

Docket No. 98-6165.

180 F.3d 372 (1999)

In re Grand Jury Witness Ralph ALTRO. United States of America, Appellee, v. Ralph Altro, Appellant.

United States Court of Appeals, Second Circuit.

Decided June 4, 1999.


Attorney(s) appearing for the Case

Colleen P. Cassidy, The Legal Aid Society, New York, New York, for Appellant.

Stanley J. Okula, Jr., Assistant United States Attorney for the Southern District of New York (Mary Jo White, United States Attorney, Jeremy H. Temkin, Assistant United States Attorney, of counsel), for Appellee.

Before: CABRANES and SACK, Circuit Judges, and SHADUR, District Judge.


Judge SHADUR dissents by separate opinion.

JOSÉ A. CABRANES, Circuit Judge:

This appeal presents the question of whether the terms of a plea agreement can be supplemented by the defendant's asserted understanding that the agreement would exempt him from having to provide grand jury testimony, notwithstanding the absence of any written or oral promise by the Government to that effect. Ralph Altro, relying on such an understanding, appeals from an order...

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