Legal Opinion

United States v. Ernest Malizia

Court of Appeals for the Second Circuit

Decided January 27, 1975No. 1132, Docket 74-1389PublishedCited by 20 opinions

1Opinion of the Court

BARTELS, District Judge:

After a three-day trial in the Southern District of New York before Constance Baker Motley, District Judge, and a jury, Ernest Malizia was convicted on February 15, 1974, of a one-count indictment which charged him with the sale of 995 grams of cocaine in violation of 21 U.S.C. §§ 173 and 174. He was sentenced to ten years imprisonment and a $20,000 fine.

On appeal Malizia raises several errors, the most important of which was the admission of testimony that informant Stanley Gerstenfeld stated that he would not testify because of fear of death, and that Malizia’s…

2Cases cited24 opinions

  1. Giordano v. United StatesSupreme Court of the United States · 1969
  2. Corcoran v. Montgomery Ward & Co.Supreme Court of the United States · 1941
  3. United States v. James J. YoungCourt of Appeals for the D.C. Circuit · 1972
  4. Nick v. United StatesCourt of Appeals for the Eighth Circuit · 1941
  5. United States v. Louis CirilloCourt of Appeals for the Second Circuit · 1972

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3Cited by20 opinions

  1. United States v. Carmine TramuntiCourt of Appeals for the Second Circuit · 1975
  2. United States v. David Guillette and Robert JoostCourt of Appeals for the Second Circuit · 1976
  3. Bodde v. StateCourt of Criminal Appeals of Texas · 1978
  4. United States v. James PanebiancoCourt of Appeals for the Second Circuit · 1976
  5. United States v. Sandy CheckCourt of Appeals for the Second Circuit · 1978

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