United States v. Alfred Dovico

J. JOSEPH SMITH, Circuit Judge:

Alfred Dovico appeals from a judgment of conviction in the United States District Court for the Southern District of New York, Irving Ben Cooper, Judge, sitting without a jury, for violating 21 U.S.C. §§ 173, 174. Appellant was indicted with one Paul Gangi who pleaded guilty and who did not testify in appellant’s trial. Appellant Dovico was tried and convicted by Chief Judge Sidney Sugarman, sitting without a jury, and his conviction was affirmed on appeal. 329 F.2d 52 (1964). Dovico, in September 1964 moved for a new trial on the basis of newly discovered…