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U.S. v. PROBBER

No. 90 Cr. 301 (RPP).

752 F.Supp. 640 (1990)

UNITED STATES of America, v. Lloyd PROBBER, a/k/a "Larry Phillips", Defendant.

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

December 19, 1990.

Attorney(s) appearing for the Case

Otto Obermaier, U.S. Atty., Southern District of New York, New York City, for the U.S.

Martin J.E. Bowers, Lake Success, N.Y., for defendant.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Defendant Lloyd Probber moves this Court for an order dismissing the indictment under the "Fruits of the Poisonous Tree" doctrine because the search warrant issued on December 14, 1989 by Magistrate Buchwald was based on alleged misrepresentations made with the intention of deceiving said Magistrate, contained in an affidavit by Special Agent James J. Rossini dated December 14, 1989 (the "Rossini...

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