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UNITED STATES v. BYNUM

No. 71 CR 1169.

360 F.Supp. 400 (1973)

UNITED STATES of America, Plaintiff, v. Elvin Lee BYNUM et al., Defendants.

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

June 6, 1973.

Attorney(s) appearing for the Case

Paul J. Curran, U. S. Atty. S. D. N. Y., by W. Cullen MacDonald, Asst. U. S. Atty., for plaintiff.

Henry J. Boitel, New York City, for defendant Bynum, of counsel to defendant Nedd.

Patrick M. Wall, New York City, for defendants Cordovano, Wright, Birnbaum, Feroldi, Mitchell, Small, Garnett, Dyson and Nedd.

Aaron J. Jaffe, New York City, for defendants Wright, Small, Mitchell and Birnbaum.

Kenneth Salaway, Kew Gardens, N. Y., for defendants Wright, Small and Meli.

Frederick T. Stant, III, Norfolk, Va., for defendants Garnett, Dyson, Feroldi and Nedd.

H. Elliot Wales, Olshan, Grundman & Frome, New York City, for defendants Coniglio, Tuzzolino and Meli.

Frank Lopez, Brooklyn, N. Y., for defendant Altamura by Salvatore Canonico, Corona.

Levis Nedd, pro se.

Herbert I. Handman, New York City, for defendant Bynum.

FINDINGS AND OPINION

POLLACK, District Judge.

This case is presently on appeal from the conviction by a jury of 14 defendants of conspiracy to violate the narcotic laws and the conviction of appellant Nedd of carrying a firearm during the course of that conspiracy.

The government presented evidence at the trial of seven brief conversations which were electronically intercepted by an authorized telephone tap of phones located in the headquarters of...

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