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U.S. v. DeSIMONE

No. 5:11-CR-264.

947 F.Supp.2d 216 (2013)

UNITED STATES of America, v. Julius DeSIMONE; Donald Torriero; Cross Nicastro, Dominick Mazza; and Mazza & Sons, Inc., Defendants.

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

May 30, 2013.

Attorney(s) appearing for the Case

Richard S. Hartunian, United States Attorney, Todd W. Gleason, Esq., Gary Donner, Esq., United States Department of Justice, Craig A. Benedict, Esq., Assistant United States Attorney, Syracuse, NY, for United States of America.

Angelo Musitano, Esq., Office of Angelo Musitano, Niagara Falls, NY, for Defendant Nicastro.

Paul B. Brickfield, Esq., Brickfield & Donahue, River Edge, NJ, for Defendant Mazza.

Joseph P. Rem, Esq., Kimberly M. Zimmer, Esq., Robert Zeller, Esq., Rem Zeller Law Group, Hackensack, NJ, for Defendant Mazza & Sons, Inc.

MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

Defendants Dominick Mazza ("Mazza") and Mazza & Sons, Inc. ("M & S") (collectively "Mazza defendants") move for a new trial based on newly discovered evidence pursuant to Fed.R.Crim.P. 33 ("Rule ___"). Defendant Cross Nicastro ("Nicastro") joined the Mazza defendants' motion. The United States of America ("the government") filed...

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