Legal Opinion

United States v. Theodore Persico, Robert Zambardi, and Richard Fusco

Court of Appeals for the Second Circuit

Decided January 15, 1999No. Docket 97-1456L, 97-1457, 98-1008CONPublishedCited by 33 opinions

1Opinion of the Court

JON O. NEWMAN, Circuit Judge:

These appeals by three defendants who participated in a street war between factions of an organized crime family primarily present issues arising from the Government’s failure, before trial, to disclose both the informant role of a co-conspirator and aspects of an FBI agent’s allegedly outrageous conduct in dealing with the informant. In particular, we are required to apply the standard for granting a motion to withdraw a guilty plea, after conviction but before sentencing, on the ground of newly discovered Brady/Giglio material. These issues arise on appeals from…

2Cases cited28 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. United States v. BagleySupreme Court of the United States · 1985
  3. Kyles v. WhitleySupreme Court of the United States · 1995
  4. Bailey v. United StatesSupreme Court of the United States · 1995
  5. Muscarello v. United StatesSupreme Court of the United States · 1998

23 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. United States v. John Napoli, A/K/A John Bianco, A/K/A "Vince," Barry D. Pincus Robert San Filippo Darrin WiggerCourt of Appeals for the Second Circuit · 1999
  2. United States v. Linwood WilkersonCourt of Appeals for the Second Circuit · 2004
  3. United States v. DouglasCourt of Appeals for the Second Circuit · 2008
  4. United States v. Lafi Khalil, Gazi Ibrahim Abu MezerCourt of Appeals for the Second Circuit · 2000
  5. United States v. Jason Cox (A/k/a "Jc") and Clinton Cox, Willie GrantCourt of Appeals for the Second Circuit · 2003

28 more not listed; retrieve them via the Exa API.

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