United States v. Charles Tomaiolo

MEDINA, Circuit Judge.

This is the most recent of a long series of appeals to this Court arising out of the armed robbery of the State Bank of Suffolk, in Brentwood, Long Island. We affirmed the conviction of Abraham Nirenberg whose trial was severed. United States v. Nirenberg, 242 F.2d 632 (2 Cir. 1957), cert. denied, 354 U.S. 941, 77 S.Ct. 1405, 1 L.Ed.2d 1539. The reversal of the first conviction of Charles Tomaiolo was not based on any insufficiency of the evidence, as was specifically commented on in both the majority and dissenting opinions. United States v. Tomaiolo, 249 F.2d 683 (2…