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UNITED STATES v. PEREZ

No. 72 Cr. 503.

343 F.Supp. 682 (1972)

UNITED STATES of America v. Manuel PEREZ et al., Defendants.

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

May 24, 1972.

Attorney(s) appearing for the Case

Hermena Perlmutter, New York City, for defendants Perez and Rodriguez.

Russo, Stein, Caiola & Victor, New York City, for defendant Ziccardi; Tobias A. Russo, New York City, of counsel.

Zapata & Halbert, New York City, for defendant Holness; Melvin E. Rosenthal, of counsel.

Whitney North Seymour, Jr., U. S. Atty. for Southern District of New York, for United States of America; Patrick T. Burke, Sp. Atty., Joint Strike Force, New York City, of counsel.

OPINION

MacMAHON, District Judge.

Defendants move to suppress evidence of a pari-mutuel race horse policy gambling scheme, taken in searches made pursuant to search warrants issued on March 30, 1972 and March 31, 1972, on the ground that there was no probable cause for issuing the warrants.

The warrants of March 30, which were issued on the basis of an affidavit submitted by F.B.I. agent Joseph Stabile, authorized searches of the four individual...

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