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UNITED STATES v. COLITTO

No. 70 CR 647.

319 F.Supp. 1077 (1970)

UNITED STATES of America, Plaintiff, v. George COLITTO, Defendant.

United States District Court, E. D. New York.

November 9, 1970.

Attorney(s) appearing for the Case

Edward R. Neaher, U. S. Atty., E. D. New York, Brooklyn, N. Y., for plaintiff; Emanuel A. Moore, Asst. U. S. Atty., of counsel.

Milton Adler, Legal Aid Society, Brooklyn, N. Y., for defendant; Edward J. Kelly, Huntington Station, N. Y., of counsel.

MEMORANDUM AND ORDER

WEINSTEIN, District Judge.

Pursuant to the Sixth Amendment of the Constitution and Rule 48(b) of the Federal Rules of Criminal Procedure, defendant moves for dismissal of the indictment claiming unnecessary post-arrest delay in presenting the charges to the grand jury—without justification and to his prejudice. The motion must be granted for the reasons indicated below.

I

Defendant was arrested on September 15...

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