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However, on December 26, a choose dismissed the charges because of lack of proof. Gribbs” Tramunti (October 1, 1910 – October 15, 1978) was an Italian-born New York mobster who was the boss of the Lucchese crime household. Carmine Paul “Mr. Gribbs” Tramunti (October 1, 1910 – October 15, 1978) was an Italian-born American mobster who was the boss of the Lucchese crime family. Multiple grand juries in Bronx, Manhattan, Queens, and Nassau Counties had charged him with either carmine tramunti contempt or perjury. He was repeatedly imprisoned on back-to-back 30-day jail phrases. The 72-count indictment alleged conspiracy to violate anti-fraud securities laws, promoting unregistered inventory, mail and wire fraud, and interstate transportation in help of extortion.
Both Pallatroni and Reed testified, and we discover believable, that they then believed that this automotive was being used to ‘take the heat off’ a significant narcotics transaction by diverting surveillance officers away from the scene. Pallatroni testified that he had observed such diversionary ways on prior events involving narcotics transactions. Testimony concerning this log was recently developed in a hearing earlier than Judge Charles L. Brieant of the United States District Court for the Southern District of New York, unrelated to the present case but involving some of the identical evidence. In order to avoid the necessity of remand on this issue, this court docket will tackle itself to the query of possible cause considering the transcript of the hearing held before Judge Brieant as requested by appellants’ motions. The existence of the log was, appellants preserve, a difficulty which was raised below; appellants, nonetheless, contend that the Government failed to disclose its existence. The Government claims that here was no such suppression of evidence and that the log in question was obtainable by the defendants at the authentic suppression hearing earlier than Judge Duffy had they requested for it.
In that scenario, where solely separate and distinct conspiracies are shown, and the one conspiracy alleged in not confirmed, acquittal is required and the request must be given. Here, however, where there was proof of the single, total conspiracy, the fact that there also was evidence adduced of other conspiracies or that the jury may have discovered two main conspiracies does not require a mandatory cost of acquittal. In July or August of 1971, Barnaba met appellant Frank ‘Butch’ Pugliese outside of the Beach Rose Social Club. Barnaba’s drug enterprise was ‘doing unhealthy,’ possibly due to a scarcity of consumers or provide.
On February 13, 1964 Tramunti refused to answer questions put by a Grand Jury in the Southern District of New York then inquiring into alleged violations of the federal narcotics legal guidelines. Carmine P. Tramunti, convicted on trial to the Court within the Southern District of New York without jury, Inzer B. Wyatt, District Judge, of contempt of court underneath 18 U.S.C. § 401, F.R.Crim. 421for refusal to reply questions earlier than a Grand Jury when ordered to do so by the Court after a grant of immunity under 18 U.S.C. § 1406,2appeals. On November 19, 1970, Tramunti was indicted in Florida on 14 counts of inventory fraud and other charges.
We think the evidence adequate that Salley, while a minor participant, perhaps, was an agent or alter ego for a major buyer and as such sufficiently knowledgeable of the overall conspiracy to be thought-about a member of it. For the narcotics business to work it takes distributors as nicely as suppliers, mixers and middlemen. A short time later, Stasi accompanied Vincent (‘Vinnie’) DiNapoli, brother of Joseph, and Tramunti (who was often identified as ‘the old man’) to a bistro with the unlikely name of the ‘Tear Drops Bonsoir’ to hear drummer Buddy Rich. After parking the car Stasi joined them at a desk with Vinnie DiNapoli’s wife, brother Anthony DiNapoli and his girlfriend and two ‘unescorted females.’ After some drinks, Tramunti stated to Stasi, ‘I miss the large man.
Thus even viewing the proof raised earlier than Judge Brieant in the mild most favorable to appellants, Officer Pallatroni would nonetheless have had further purpose to suspect the nature of Papa’s activities on the night in query. The events occurring shortly thereafter ripened reasonable suspicion into possible trigger for belief that Papa was participating in a serious narcotics violation underneath the eyes of the officers surveilling the home. Papa left the Pontiac with DiNapoli and the suitcase inside and walked forward towards Spurdis and Reilly. Pallatroni concluded that this was designed to attract attention away from the car and its contents since most people stay in their vehicles when stopped by law enforcement officials.
See United States v. Mitchell, 354 F.2nd 767, 769 (2d Cir. 1966). The Inglese group had operated out of the Beach Rose Social Club for some time, but when in April, 1972, it was found that the Club was beneath police surveillance, LoPiccolo’s Espresso House became a middle for the narcotics business. A substantial quantity of Stasi’s testimony handled conferences at LoPiccolo’s, and conversations overheard there involving Inglese’s alleged partner, Carmine Tramunti, who ran a card sport there. A more detailed statement of the details concerned in these conversations might be developed later in discussing appellant Tramunti’s participation on this conspiracy.
The officers’ suspicions were fairly reasonably reinforced by the events which later transpired. Both DiNapoli and Papa entered the home with out knocking or ready to be admitted. Reilly radioed Pallatroni who, accompanied by Special Agent James Reed, additionally drove to 1908 Bronxdale Avenue. When Pallatroni arrived, Spurdis reported what he and Reilly had observed. On one occasion the appellant Alonzo, Hattie Ware’s brother, requested Pannirello if he may obtain an amount of heroin ‘to start out off small.’ Pannirello offered Alonzo two ounces of heroin for $2,000 and Alonzo accepted, paying solely $1,000 or $1,500, however.
Although enterprise slowed up in the summertime, deliveries to Robinson were resumed in the fall of 1972; that Howard Johnson’s had a twenty-ninth taste. On one delivery in October of that 12 months, Robinson launched Provitera to appellant Salley. Robinson stated that Salley was ‘his man’ and that deliveries should be to Salley thereafter. Two weeks later, Provitera, on Pannirello’s instructions, delivered heroin to Salley on the similar location and told Salley that Pannirello would be in touch with Robinson. In November Pannirello and Provitera drove once more to the Howard Johnson’s to satisfy Robinson; Salley informed them that Robinson was on his method from Washington, and when Robinson arrived, Pannirello and Provitera accompanied him to Salley’s motel room. There Robinson, in Salley’s presence, registered a buyer’s grievance, that previously furnished ‘dope’ was of bad high quality.
Our examination of the report on this case discloses that in addition to broad questions regarding juror bias, the trial decide particularly asked whether the juros could be prejudiced as a end result of this case involved narcotics, and whether the jurors or their households had been the victims of against the law. He was required to do no extra in respect to narcotic use by family or pals. United States v. Bradley, 447 F.second 224 (2d Cir.), cert. Appellants DiNapoli, Mamone, Gamba and Tramunti every claim that the proof was insufficient to warrant his conviction. Appellants Salley and Alonzo every claim the evidence showed him solely to have engaged in a single act, establishing neither data of nor participation in the charged conspiracy.
