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UNITED STATES v. BELLAFIORE

February 23, 1971

UNITED STATES of America
v.
Dennis Joseph BELLAFIORE


Van Artsdalen, District Judge.


The opinion of the court was delivered by: VAN ARTSDALEN

VAN ARTSDALEN, District Judge.

 The defendant, Dennis J. Bellafiore, was tried before the Court on January 18, 1971, on a waiver of jury trial. The charge is set forth in a one count indictment under 50 U.S.C. App. § 462 -- refusing to submit to induction into the Armed Forces. To this charge, the defendant is found "not guilty".

 FINDINGS OF FACT

 1. Defendant first registered under the Selective Service Act on October 30, 1963, registering as a citizen of the State of New York.

 2. In 1964, defendant was granted a 2-S classification which was renewed in 1965, 1966 and 1967.

 3. On April 27, 1968, while still classified 2-S, defendant requested a Form 150, Application for Conscientious Objector, which form was filed with the board on May 3, 1968.

 4. On May 21, 1968, the local board, by a vote of 4 to 0, rejected defendant's claim as a conscientious objector and reclassified him 1-A. The local board's rejection of the claim by defendant for classification as a conscientious objector is set forth in SSS Form 119 as follows:

 
"It was the opinion of the board that this registrant does not meet the requirements to qualify as a conscientious objector * * *"

 5. A request by defendant for a personal appearance was received by the board on June 3, 1968, and the personal appearance hearing was held on June 26, 1968. The record indicates either a ten minute or twenty minute hearing with three members of the board in attendance. *fn1" Defendant's claim for conscientious objector status was dismissed. N.Y. Form 7 contains a summary transcript of the hearing, setting forth briefly defendant's points and the board's conclusion stated as follows:

 
"It was the local board's opinion that this registrant did not meet the requirements for conscientious objection as set forth in selective service law."

 There were no additional reasons specified in the transcript or the selective service file of defendant for the board's action denying the reclassification.

 6. On July 23, 1968, defendant filed an appeal which was rejected, and on October 8, 1968, ...


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