Legal Opinion
United States v. DiPaolo
District Court, W.D. New York
Decided April 17, 1987No. 84 CR 75TPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
PLATT, District Judge.
By notices of motion filed March 4, 1987, defendants DiPaolo and Weather moved for (i) an order pursuant to Rule 33, F.R. Crim.P., granting a new trial or (ii) an order granting a hearing on the motions. Both motions are based on an oral (on tape), unsworn, alleged “recantation” of JoAnn Barone’s trial testimony made on July 16, 1986, by her to Charles Schiano, Esq., Weather’s attorney on appeal.
On October 25, 1985, the defendants were convicted of conspiracy to intimidate witnesses and prevent communications to law enforcement officials of…
2Cases cited5 opinions
- United States v. JohnsonCourt of Appeals for the Seventh Circuit · 1944
- United States v. Frank Douglas Ward and Johnnie Lee SlingerlandCourt of Appeals for the Eighth Circuit · 1976
- United States v. Nick Dipaolo, Edward Weather, and Paul Snyder (A/k/a "Dusty")Court of Appeals for the Second Circuit · 1986
- United States v. OchsDistrict Court, S.D. New York · 1982
- United States v. BullyDistrict Court, E.D. Virginia · 1968
3Cited by3 opinions
- United States v. Nick Dipaolo and Edward WeatherCourt of Appeals for the Second Circuit · 1987
- Mastin v. SenkowskiDistrict Court, W.D. New York · 2003
- Penick v. FilionDistrict Court, E.D. New York · 2001