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CERBONE v. COUNTY OF WESTCHESTER

No. 80 Civ. 3589.

508 F.Supp. 780 (1981)

Marco CERBONE, Plaintiff, v. COUNTY OF WESTCHESTER, Carl A. Vergari, Village of Pelham Manor Police Department, Norman D. Himmelfarb, Defendants.

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

February 18, 1981.

Attorney(s) appearing for the Case

Marco Cerbone, pro se.

Rothschild, Esposito, Himmelfarb & Sher, White Plains, N. Y., for defendant Norman D. Himmelfarb; Norman D. Himmelfarb, Roslyn, N. Y., of counsel.

George P. Forbes, Jr., Larchmont, N. Y., for Village of Pelham Manor.

Samuel S. Yasgur, Westchester County Atty., White Plains, N. Y., for defendant County of Westchester; Lesley F. Levine, Asst. County Atty., White Plains, N. Y., of counsel.

Carl A. Vergari, Dist. Atty. of Westchester County, White Plains, N. Y., pro se; Janet Cunard, Asst. Dist. Atty., White Plains, N. Y., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Marco Cerbone, the plaintiff, after a jury in Westchester County Court failed to reach a verdict, was convicted upon a retrial on charges of burglary in the third degree, petit larceny and criminal mischief. He is now serving concurrent sentences of 3-6 years, 1 year and 1 year respectively on these charges.

Notwithstanding that his judgment of conviction is in effect and his appeal to the Appellate Division...

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