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U.S. v. BIAGGI

No. 87 Cr. 265(CBM).

823 F.Supp. 1151 (1993)

UNITED STATES of America, v. Mario BIAGGI, Stanley Simon, Peter Neglia, John Mariotta, Bernard Ehrlich, Richard Biaggi, and Ronald Betso, Defendants.

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

June 17, 1993.

Attorney(s) appearing for the Case

U.S. Atty. by Michael Gertzman, Asst. U.S. Atty., New York City, for U.S.

Mario Biaggi, Jr., New York City, for petitioner Mario Biaggi.

Dominic F. Amarosa, New York City, for petitioners Richard Biaggi and Stanley Simon.

OPINION

MOTLEY, District Judge.

Mario Biaggi has moved, pursuant to Fed. R.Crim.P. 33, for a new trial on the basis of newly discovered evidence, namely, the discovery that one of the Government's witnesses, Anthony Guariglia, committed perjury at Biaggi's trial.1 The perjury relates to Guariglia's declaration that he had stopped gambling but in reality had not and to Guariglia's...

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