Legal Opinion

United States v. Persico

District Court, E.D. New York

Decided March 15, 1972No. 60-CR-147PublishedCited by 18 opinions

1Opinion of the Court

DECISION AND ORDER

TRAVIA, District Judge.

The defendant, Carmine J. Pérsico, Jr. (hereinafter “Pérsico”), moves by way of an order to show cause, pursuant to Rule 33, Fed.R.Crim.P., for an order granting him a new trial upon the grounds of (a) newly discovered evidence, (b) recantation of trial testimony by the chief prosecution witness, and (c) suppression of material evidence by the prosecution; he also seeks a hearing upon his motion. 1

The facts underlying Persico’s conviction have been amply set forth in the previous opinions which have been rendered in this case by the Court of Appeals,…

2Cases cited52 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Giglio v. United StatesSupreme Court of the United States · 1972
  3. Napue v. IllinoisSupreme Court of the United States · 1959
  4. Remmer v. United StatesSupreme Court of the United States · 1954
  5. Giles v. MarylandSupreme Court of the United States · 1967

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3Cited by18 opinions

  1. United States v. Frank MotenCourt of Appeals for the Second Circuit · 1978
  2. United States v. Joseph Magnano, A/K/A "Joe the Grind"Court of Appeals for the Second Circuit · 1976
  3. State v. CaldwellSupreme Court of Minnesota · 1982
  4. United States v. Nick Dipaolo and Edward WeatherCourt of Appeals for the Second Circuit · 1987
  5. United States v. James Harvey Johnson, AKA "Dinky,"Court of Appeals for the Fourth Circuit · 1973

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