329 F.2d 422 (2nd Cir. 1964), 332, United States v. Lanza

Docket Nº:332, 28567.
Citation:329 F.2d 422
Party Name:UNITED STATES of America, Appellee, v. Leonard LANZA, Appellant.
Case Date:April 02, 1964
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 422

329 F.2d 422 (2nd Cir. 1964)

UNITED STATES of America, Appellee,

v.

Leonard LANZA, Appellant.

No. 332, 28567.

United States Court of Appeals, Second Circuit.

April 2, 1964

Argued Feb. 10, 1964.

Michael J. Gillen, Asst. U.S. Atty., Brooklyn, N.Y. (Joseph P. Hoey, U.S. Atty., for the Eastern District of New York, Brooklyn, N.Y., on the brief), for appellee.

Seymour Friedman, Brooklyn, N.Y. (Philip Dinitz, Brooklyn, N.Y., on the brief), for appellant.

Before LUMBARD, Chief Judge, and WATERMAN and FRIENDLY, Circuit judges.

PER CURIAM.

Leonard Lanza appeals from a judgment of conviction for possession and sale of counterfeit money and a five-year sentence of imprisonment entered in the Eastern District of New York. Although Lanza relies almost exclusively upon matters raised for the first time at the hearing on a motion for a new trial, he has taken no appeal from the denial of that motion by Judge Mishler on August 26, 1963. Moreover, the record on appeal does not contain either proceedings at the trial or the proceedings on the motion for a new trial. At the request of the court the trial transcript was finally handed up at oral argument of this appeal.

As the facts and legal issues have been developed fully by both parties in oral argument, we proceed to consider the appeals as if they had been properly presented although we would be fully justified in dismissing the appeals. In a criminal case this course would seem to be in the interest of judicial economy as the same question in all likelihood would come before us later in some related proceeding.

On the appeal from the conviction, the sole issue presented is whether the defense of entrapment is available to Lanza. Finding no error in the conviction, we affirm the judgment of the district court.

On December 7, 1962, Lanza sold ten counterfeit $20.00 federal reserve notes to Secret Service Agent D'Amelio, who had been introduced to Lanza by one Torraco, a government special employee, or informer. On December 10, Lanza sold 15 counterfeit notes to Agent Vecchione, who had been introduced to Lanza by D'Amelio. Although the issue of entrapment was raised in the district court, Lanza did not take the stand and the defense offered no witnesses. There was no basis...

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