United States v. Ricciardi

WYATT, District Judge.

This is a motion by defendant Ricciardi to dismiss for duplicity each count of the indictment (he is named in counts 1 through 15 only). In a proper, case, a count in an indictment which is bad for duplicity should be dismissed and Fed.R.Crim.P. 8(a) and 12(b) (2) appear to authorize the present motion. See United States v. Gibson, 310 F.2d 79, 80 n. 1 (2d Cir. 1962); United States v. Galgano, 281 F.2d 908, 911 (2d Cir. 1960).

Each of the first 15 counts charges that on or about a specific date set forth Ricciardi was a “representative of employees” and “did * * * receive…