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UNITED STATES v. MALIZIA

No. S 75 Cr. 687.

429 F.Supp. 492 (1977)

UNITED STATES of America v. Ernest MALIZIA, Defendant.

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

April 5, 1977.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U. S. Atty., Federico E. Virella, Jr., Asst. U. S. Atty., New York City, of counsel, for the Government.

Joseph I. Stone, New York City, for defendant.

IRVING BEN COOPER, District Judge.

Defendant Malizia requests an order granting the relief: (1) suppression of items seized from him at the time of his arrest on December 18, 1973; (2) suppression of statements made by defendant subsequent to his re-arrest on February 4, 1977; (3) dismissal of the indictment based upon the theory of collateral estoppel; (4) permission to raise the claim of double jeopardy. For the reasons set forth below, these motions are denied...

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