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UNITED STATES v. ZANCHE

No. CR-81-99.

541 F.Supp. 207 (1982)

UNITED STATES of America, Plaintiff, v. Gabriel ZANCHE and Lewis Stanton, Defendants.

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

On Motion to Reconsider June 9, 1982.

Attorney(s) appearing for the Case

Roger P. Williams, Salvatore R. Martoche, U. S. Attys., Rochester, N. Y. (David Rothenberg, Asst. U. S. Atty., Rochester, N. Y., of counsel), for U. S.

Palmiere & Pellegrino, Rochester, N. Y. (Norman A. Palmiere, Rochester, N. Y., of counsel), for defendant Zanche.

Affronti, Jesserer, Andolina & Lamb, Rochester, N. Y. (Lawrence J. Andolina, Rochester, N. Y., of counsel), for defendant Stanton.

CURTIN, Chief Judge.

The government has charged defendants in this action with conspiracy to defraud and steal property from the United States Postal Service. Defendants Gabriel Zanche and Lewis Stanton, owner and employee of Gabriel Service and Supply Corporation [Gabriel's], respectively, move to suppress all the evidence seized pursuant to a search warrant issued by the late Honorable Harold P. Burke. They claim the warrant was defective because it failed to describe...

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