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UNITED STATES v. DiSTEFANO

No. 70 Cr. 1030.

347 F.Supp. 442 (1972)

UNITED STATES of America v. Nicholas DiSTEFANO et al., Defendants.

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

August 16, 1972.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., for the United States; Walter M. Phillips, Jr., Asst. U. S. Atty., S. D. N. Y., of counsel.

Evseroff, Newman & Sonenshine, Brooklyn, N. Y., for defendant Nicholas DiStefano; Gustave Newman and Jacob Evseroff, Brooklyn, N. Y., of counsel.

Albert J. Krieger, New York City, for defendant Edmund Rosner; Ivan S. Fisher, New York City, of counsel.

METZNER, District Judge:

The government moves to reinstate an indictment which was dismissed by this court on January 24, 1972, for failure to prosecute.

The indictment was originally filed on December 8, 1970, and charged defendants Nicholas DiStefano, Wilfredo Moreno, Edmund Rosner and Frank Russo with subornation of perjury and conspiracy to suborn perjury. The offenses charged allegedly arose out of the criminal trial of one Pedro Hernandez in March of...

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