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UNITED STATES v. TOMAIOLO

No. 257, Docket 26722.

286 F.2d 568 (1961)

UNITED STATES of America, Appellee, v. Charles TOMAIOLO, Appellant.

United States Court of Appeals Second Circuit.

Decided February 6, 1961.

Attorney(s) appearing for the Case

C. Joseph Hallinan, Jr., New York City (Anthony F. Marra, New York City, of counsel), for appellant.

Joseph J. Marcheso, Asst. U. S. Atty., Eastern District of New York, Brooklyn, N. Y. (Cornelius W. Wickersham, Jr., U. S. Atty. for Eastern District of New York, Brooklyn, N. Y., of counsel), for appellee.

Before MEDINA, FRIENDLY and SMITH, Circuit Judges.

PER CURIAM.

This is the third appeal in this prosecution for the robbery of the State Bank of Suffolk on November 29, 1955. On the first trial appellant was convicted on a conspiracy count and two substantive counts. The conviction was reversed. United States v. Tomaiolo, 2 Cir. 1957, 249 F.2d 683. On the second trial appellant was found guilty on the conspiracy count (the conviction here in issue) and the jury disagreed on the two...

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