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U.S. v. ALMANZAR

No. 90 Cr. 426 LLS.

749 F.Supp. 538 (1990)

UNITED STATES of America, v. Luis ALMANZAR, Vincente Sarmiento, and Nestor Rafael Rodriguez, Defendants.

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

October 23, 1990.

Attorney(s) appearing for the Case

Mark J. Stein, Asst. U.S. Atty., New York City, for U.S.

Joel Stein, New York City, for defendants.

OPINION AND ORDER

STANTON, District Judge.

This is a motion to suppress physical evidence consisting of a gun seized from the automobile of defendant Nestor Rodriguez on the ground that the evidence was obtained as a result of an unlawful search and seizure. No hearing is necessary because the parties do not dispute any material facts. See United States v. Munoz, 738 F.Supp. 800, 801 (S.D.N.Y.1990). Because the...

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