U.S. v. BIAGGI

No. SSSS 87 Cr. 265 (CBM).

705 F.Supp. 867 (1988)

UNITED STATES of America v. Mario BIAGGI, Stanley Simon, Peter Neglia, John Mariotta, Bernard Ehrlich & Richard Biaggi.

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

November 22, 1988.


Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty., New York City by Michele Hirshman, Asst. U.S. Atty., for U.S.

LaRossa, Mitchell & Ross, New York City by Karen Silverman, for defendant Mario Biaggi.

Skadden, Arps, Slate, Meagher & Flom, New York City by Jeffrey Glekel, for defendant John Mariotta.

Dominick F. Amorosa, New York City, for defendant Richard Biaggi.


OPINION

MOTLEY, District Judge.

Defendants John Mariotta, Richard Biaggi, and Mario Biaggi have asserted that the Government improperly used its peremptory challenges to strike Italians and Puerto Ricans from the petit jury in this case. This court held a hearing on this motion pursuant to the Supreme Court's opinion in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). In Batson, the Supreme...

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