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UNITED STATES v. MOORE

No. 361, Docket 31051.

373 F.2d 547 (1967)

UNITED STATES of America, Appellee, v. Paul Clarence MOORE, Appellant.

United States Court of Appeals Second Circuit.

Decided February 27, 1967.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., Southern District of New York, N. Y., John H. Adams, and Richard A. Givens, Asst. U. S. Attys., on the brief, for appellee.

Joseph I. Stone, New York City, and Stone & Diller, New York City, on the brief, for appellant.

Before LUMBARD, Chief Judge, and SMITH and ANDERSON, Circuit Judges.

PER CURIAM:

There was ample corroboration by two other agents of the testimony of Agent Scott that the defendant Moore sold him heroin on March 18, 1964 in the vicinity of 145th Street and Edgecombe Avenue. As the defendant never asked at trial for the production of the informer he will not be heard to complain on appeal that it was error for the government not to call him, e.g., D'Ercole v. United States, 361 F.2d 211 (2 Cir. 1966...

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