U.S. v. KIRVAN

No. 678, Docket 95-1251.

86 F.3d 309 (1996)

UNITED STATES of America, Appellee, v. Gary L. KIRVAN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 18, 1996.


Attorney(s) appearing for the Case

Robert A. Napier, Rochester, New York, for Appellant.

Christopher V. Taffe, Assistant United States Attorney, Western District of New York, Rochester, New York (Patrick H. NeMoyer, United States Attorney, Western District of New York, Elizabeth E. Nam, Law Clerk, Rochester, New York, of counsel), for Appellee.

Before NEWMAN, Chief Judge, FEINBERG and CARDAMONE, Circuit Judges.


CARDAMONE, Circuit Judge:

Friday, February 7, 1992 was a busy day for the Central Trust Co., a Rochester, New York bank. At 10:45 a.m. Mary Ellen Boone, an experienced teller, had just completed a business transaction with a customer when, looking up, she suddenly saw a man, later identified as defendant Gary L. Kirvan, pointing a shiny black gun at her. The parties describe this gun as a .44 caliber black powder revolver, a replica of an antique. Defendant placed...

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