125 F.3d 845 (2nd Cir. 1997), 96-1733, U.S. v. DeLucia

Docket Nº:96-1733.
Citation:125 F.3d 845
Party Name:UNITED STATES of America, Appellee, v. Dennis DELUCIA, Defendant, Joseph LEGRANO, Defendant-Appellant.
Case Date:October 07, 1997
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 845

125 F.3d 845 (2nd Cir. 1997)

UNITED STATES of America, Appellee,

v.

Dennis DELUCIA, Defendant,

Joseph LEGRANO, Defendant-Appellant.

No. 96-1733.

United States Court of Appeals, Second Circuit

October 7, 1997

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA2 s 0.23 regarding use of unpublished opinions)

Appeal from the United States District Court for the Eastern District of New York (Allyne Ross, Judge).

APPEARING FOR APPELLANT: Susan G. Kellman, New York, NY

APPEARING FOR APPELLEE: Andrew B. Weissman, Assistant United States Attorney, Eastern District of New York, Brooklyn, NY

PRESENT: HONORABLE FRANK X. ALTIMARI HONORABLE FRED I. PARKER HONORABLE DAMON J. KEITH, [*] Circuit Judges.

This cause came to be heard on the transcript of record from the United States District Court for the Eastern District of New York and was argued.

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court is AFFIRMED.

Joseph Legrano appeals from a judgment of conviction entered in the United States District Court for the Eastern District of New York (Allyne Ross, J.), after a jury found him guilty of murder and conspiracy to murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(1) and (a)(5), and using a firearm during and in relation to these offenses, in violation of 18 U.S.C.§ 924(c). He challenges his conviction based on alleged violations of his rights under Brady v. Maryland, 373 U.S. 83 (1963), and various allegedly erroneous evidentiary rulings below. We affirm.

Legrano was convicted of participating in the murder of the Colombo Crime Family's consigliere, Vincent James Angellino. Two coconspirators, Rocco Cagno and Carmine Sessa, members of the Family, testified against Legrano at trial. Their testimony, in turn, was corroborated by other evidence, including mobile telephone records.

I. EVIDENTIARY RULINGS

Legrano challenges three evidentiary rulings made by the district court. First, he claims that he should have been permitted to cross-examine Sessa about conversations he had with Anthony Casso, a cooperating witness who did not testify in the Legrano case, to establish Sessa's interest in currying favor with the government. The district court precluded the...

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