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UNITED STATES v. LEWIS

No. 69 Cr. 294.

303 F.Supp. 1394 (1969)

UNITED STATES of America, v. McKenzie LEWIS, Defendant.

United States District Court S. D. New York.

September 3, 1969.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, New York City, Atty. for U. S., Sterling Johnson, Jr., Asst. U. S. Atty., of counsel.

Michelman & Michelman, New York City, for defendant, Harvey J. Michelman, New York City, of counsel.

OPINION

FRANKEL, District Judge.

This is primarily a motion under Fed. R.Crim.P. 41(e) to suppress heroin taken from the defendant's Cadillac automobile on the night of November 25-26, 1968. (Two additional, and trivial, branches of the motion are noted at the end of this opinion.) At an evidentiary hearing, two narcotics agents and a woman in whose apartment defendant was arrested gave testimony. Based on the record thus made, I find the pertinent facts...

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