340 F.2d 453 (2nd Cir. 1965), 130, United States v. D'Angiolillo

Docket Nº:130, 28849.
Citation:340 F.2d 453
Party Name:UNITED STATES of America, Appellee, v. Frank D'ANGIOLILLO, a/k/a Frank Buick and Louis D'Angiolillo, Appellants.
Case Date:January 15, 1965
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit

Page 453

340 F.2d 453 (2nd Cir. 1965)

UNITED STATES of America, Appellee,


Frank D'ANGIOLILLO, a/k/a Frank Buick and Louis D'Angiolillo, Appellants.

No. 130, 28849.

United States Court of Appeals, Second Circuit.

January 15, 1965

Argued Oct. 9, 1964.

Certiorari Denied March 29, 1965.

See 85 S.Ct. 1090.

Page 454

Martin R. Gold, Asst. U.S. Atty., New York City (Robert M. Morgenthau, U.S. Atty., S.D. New York, and Neal J. Hurwitz, Asst. U.S. Atty., New York City, on the brief), for appellee.

Jonathan L. Rosner, New York City (Ralph L. Pliskin, Flushing, on the brief), for appellants.

Before LUMBARD, Chief Judge, and HAYS and ANDERSON, Circuit Judges.

LUMBARD, Chief Judge.

Frank and Louis D'Angiolillo appeal from convictions and sentences of seven and five years respectively in the District Court for the Southern District of New York for violating the federal narcotics laws, 21 U.S.C. §§ 173, 174, and conspiring to violate such laws. 1 The defendants seek reversal principally on the grounds that the trial court erred in not either directing the government to call its informer as a witness or calling him as a witness of the court and that certain unlawful searches made at the time the defendants were arrested required dismissal of the indictment. We affirm the convictions.

The government's principal witness was Detective Robbie Williams of the

Page 455

New York City Police Narcotics Bureau. According to her account, her first contact with the defendants was on December 9, 1962, when Frank D'Angiolillo twice called the home of Claude Norman Greene, a police informer. Detective Williams answered each time, and when Greene took the telephone he held the receiver so that she could hear them arrange a meeting. At the meeting, near 176th Street and Grand Concourse in the Bronx, Greene and Detective Williams received from Louis D'Angiolillo a package which contained approximately 100 grams of heroin.

There were other telephone calls from Frank and meetings with Louis during the following months, but on only one occasion did Detective Williams meet Frank. She and Greene met him on January 22, 1963 at his clothing store near 117th Street and Pleasant Avenue. He told them that he could not arrange a sale at that time because he was moving into a dry cleaning establishment across the street; when Detective Williams told him that she wanted 'four piece,' he said that he would call Greene's home at 7:30 the next morning.

Detective Williams testified that she did receive a call at Greene's home at 7:30 the following morning and that she recognized Frank's voice. They arranged a meeting to which she went alone. 2 As before, she received from Louis a package containing approximately 100 grams of heroin.

The defendants were arrested on March 20, 1963. Louis was arrested in his taxicab, which he had used to deliver heroin to Detective Williams. The arresting officers seized the taxicab trip ticket and a package containing some 400 grams of heroin. Frank was arrested in front of his dry cleaning shop. No narcotics were found in searching his two stores, or in searching the homes of the defendants and of...

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