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UNITED STATES v. FRANZESE

No. 66-CR-161.

321 F.Supp. 993 (1970)

UNITED STATES of America, v. John FRANZESE, also known as "Sonny," Defendant.

United States District Court, E. D. New York.

August 12, 1970.

Attorney(s) appearing for the Case

Edward R. Neaher, U. S. Atty., E.D. N.Y., Brooklyn, N. Y., Peter R. Schlam, Asst. U. S. Atty., of counsel, for the United States.

Maurice Edelbaum, New York City, James M. LaRossa, New York City, of counsel, for defendant.

Memorandum of Decision and Order

MISHLER, Chief Judge.

Defendant moves for a new trial on the ground of newly discovered evidence pursuant to Rule 33 of the Federal Rules of Criminal Procedure.

The affidavit in support of the motion states that the evidence was discovered in a hearing in another criminal proceeding held before U.S. District Judge John F. Dooling, Jr., subsequent to the trial in the above matter. It was revealed in that hearing...

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