United States v. Anthony Passero
Court of Appeals for the Second Circuit
1Opinion of the Court
LUMBARD, Chief Judge.
The principal question on this appeal is whether the district court should have granted a new trial to Anthony Passero where his counsel has belatedly become aware of the contents of a government agent’s sworn complaint for Passero’s arrest, which complaint contained statements contrary to the agent’s testimony at trial, although Pas-sero and his counsel knew of the existence of the complaint for more than five months before trial.
We conclude that the district court acted within its discretion in denying the motion for a new trial as it is clear from the record that both…
2Cases cited8 opinions
- Brinegar v. United StatesSupreme Court of the United States · 1949
- Napue v. IllinoisSupreme Court of the United States · 1959
- Alcorta v. TexasSupreme Court of the United States · 1957
- United States v. WalkerCourt of Appeals for the Second Circuit · 1952
- Eugene Smith v. United StatesCourt of Appeals for the D.C. Circuit · 1958
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3Cited by15 opinions
- United States v. Thomas AllenCourt of Appeals for the Tenth Circuit · 1977
- United States v. Daniel Nelson SilvaCourt of Appeals for the Fourth Circuit · 1984
- United States v. Robert Edwards, Max Jakob, John J. Lombardozzi and Milton ParnessCourt of Appeals for the Second Circuit · 1966
- United States v. Ramon Cardova EsquerCourt of Appeals for the Seventh Circuit · 1972
- United States v. SmithCourt of Appeals for the Fourth Circuit · 2006
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