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UNITED STATES v. MELE

Nos. 213-216, 236, 779-783, Dockets 71-1579, 1619, 1620, 1685 and 1875.

462 F.2d 918 (1972)

UNITED STATES of America, Appellee, v. Angelo MELE et al., Appellants.

United States Court of Appeals, Second Circuit.

Decided June 15, 1972.

Attorney(s) appearing for the Case

Joseph I. Stone, New York City, for defendant-appellant Ralph Cuomo.

H. Elliot Wales, New York City, for defendant-appellant Beltempo.

Jerome Lewis, New York City, for defendants-appellants Mele and Coniglio.

Robert Morse, U. S. Atty., E. D. N. Y., Roger A. Pauley and John J. Robinson, Attys. for Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before FRIENDLY, Chief Judge, KAUFMAN, Circuit Judge, CLARK, Associate Justice.

Mr. Justice CLARK:

Appellants Mele, Beltempo, Cuomo and Coniglio along with Arthur Madonia, now deceased, were convicted by a jury on charges of violations of the narcotics laws. On appeal we remanded for a hearing on a motion for new trial based on newly discovered evidence. It is now here on second appeal with the Government having confessed to the covert use of one of the defendants as an informer, the covert excision of relevant Jencks Act1<...

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