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U.S. v. MAURO

No. 92-CR-15S.

846 F.Supp. 245 (1994)

UNITED STATES of America, v. Nicholas MAURO, et al., Defendants.

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

February 23, 1994.

Attorney(s) appearing for the Case

Patrick C. NeMoyer, U.S. Atty. by Anthony M. Bruce, Asst. U.S. Atty., Buffalo, NY, for U.S.

Kenneth F. Hense, McGlynn, Reed, Hense & Pecora, Point Pleasant, NJ, for defendant Nicholas Mauro.

Paul Volcy, Buffalo, NY, for defendant Frank Stasio.

Frank Haddad, Louisville, KY, for defendant Ben Rogers.

John J. Molloy, West Seneca, NY, for defendant Joseph Giallella.

DECISION AND ORDER

SKRETNY, District Judge.

INTRODUCTION

Presently before this Court is defendant Ben Rogers' pre-trial motion to suppress all evidence obtained by the government directly or indirectly through testimony elicited from him pursuant to a grant of use and derivative-use immunity under 18 U.S.C. § 6002. Defendant argues that this evidence is inadmissible according to the principles enunciated in Kastigar v. United States...

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