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UNITED STATES v. CAPPELLO

No. 61-Cr-325.

209 F.Supp. 959 (1962)

UNITED STATES of America v. Santo CAPPELLO, Ralph Mallamace and Gerard Abbagnaro, Defendants.

United States District Court E. D. New York.

October 29, 1962.

Attorney(s) appearing for the Case

Joseph P. Hoey U. S. Atty., E. D. New York, for the United States; John A. Occhiogrosso, Asst. U. S. Atty., of counsel.

Herbert A. Lyon, Kew Gardens, N. Y., for defendants Santo Cappello and Ralph Mallamace.

Anthony F. Marra, New York City, for defendant Gerard Abbagnaro; John Sullivan, Johnson City, N. Y., of counsel.

BARTELS, District Judge.

This is an application by the Government under Rule 14 of the Federal Rules of Criminal Procedure for a severance and separate trial of the offenses set forth in Counts 1, 2 and 4 of the indictment on the ground of prejudice, citing in support thereof, United States v. Dioguardi, D.C.N.Y.1956, 20 F.R.D. 10.

The offenses described in all counts of the indictment are parts of the same transaction and while the Government alleges prejudice...

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