UNITED STATES v. SANSONE

No. 396, Docket 27594.

319 F.2d 586 (1963)

UNITED STATES of America, Appellee, v. Carmelo SANSONE and Antoine Buttafoco, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided June 27, 1963.


Attorney(s) appearing for the Case

Victor Temkin, Arnold N. Enker, Asst. U.S. Attys. (Robert M. Morgenthau, U.S. Atty. for the Southern Dist. of New York, New York City, of counsel), for appellee.

A. Edward Grashof, New York City (Anthony F. Marra, New York City, of counsel), for appellants.

Before CLARK, MOORE and HAYS, Circuit Judges.


PER CURIAM.

Defendants Buttafoco and Sansone appeal from judgments of conviction for violation of the narcotics laws after a non-jury trial.

Only two points of error are asserted, both unrelated to the facts upon which the convictions were based, namely: (I) that the district judge, having presided at a prior trial of one of the defendants (Sansone) whom he had sentenced, was not qualified to sit in judgment on the defendants, and (II) that the district judge...

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