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U.S. v. CABRERA

No. 90 Cr. 389 (JSM).

756 F.Supp. 134 (1991)

UNITED STATES of America v. Winston CABRERA, Defendant.

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

January 28, 1991.

Attorney(s) appearing for the Case

Otto G. Obermaier, U.S.Atty. for S.D. N.Y. by Nancy Northrup, Asst. U.S.Atty., New York City, for U.S.

John J. Byrnes, The Legal Aid Society, Federal Defenders Unit, New York City, for defendant.

OPINION

MARTIN, District Judge:

On June 5, 1990, law enforcement officers broke into apartment 3-K at 2800 Jerome Avenue in the Bronx where they seized a .22 caliber handgun and 277.7 grams of cocaine. In an Opinion and Order dated October 17, 1990, this Court held the search of apartment 3-K to be unconstitutional because the agents did not have a warrant and lacked valid consent for the search.

Despite this Court's holding that the search of apartment...

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