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U.S. v. GIOVANELLI

No. S 88 Cr. 954 (CBM).

747 F.Supp. 891 (1989)

UNITED STATES of America v. Federico GIOVANELLI, a/k/a "Fritzy," Steven Maltese and Carmine Gualtiere, a/k/a "Buddy," Defendants.

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

June 7, 1989.

Attorney(s) appearing for the Case

Benito Romano, U.S. Atty. S.D.N.Y. by Adam S. Hoffinger, J. Gilmore Childers, Asst. U.S. Attys., New York City, for U.S.

Lawrence Hochheiser, Hochheiser & Aronson by Vivian Shevitz, Georgia J. Hinde, New York City, for defendant Federico Giovanelli.

Ira S. Cooper, Zerin & Cooper by Neil Rothfeld, New York City, for defendant Steven Maltese.

Robert M. Baum, The Legal Aid Soc., Federal Defenders Services Unit by Roland Thau, Robert E. Precht, New York City, for defendant Carmine Gualtiere.

OPINION

MOTLEY, District Judge.

Defendant Federico Giovanelli's home, located at 63-62 75th Street, Middle Village, New York, was searched on December 5, 1986 pursuant to a warrant issued by the Honorable Allyne Ross, United States Magistrate for the Eastern District of New York. Defendants attack the validity of the search on the following grounds: lack of probable cause upon which to issue the warrant, overbreadth and lack of particularity on the face...

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