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UNITED STATES v. MACCHIA

No. CR 92-1147.

844 F.Supp. 920 (1994)

UNITED STATES of America v. Joseph A. MACCHIA, a/k/a "Joseph Macchia, Sr.", Marat Balagula, Lawrence Macchia, George Macchia, Viktor Batuner, Michael Varzar, John Barberio, and Joseph L. Macchia, a/k/a "Joseph Macchia, Jr." and "Joey", Defendants.

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

January 26, 1994.

Attorney(s) appearing for the Case

Stephen Huggard, U.S. Dept. of Justice, Northern Crim. Enforcement Section, Washington, DC, for plaintiff.

Howard D. Stave, Forest Hills, NY, for defendant Joseph A. Macchia.

Ephraim Savitt, New York City, for defendant Balagula.

Lefcourt & Dratel, P.C. by Gerald B. Lefcourt, New York City, for defendant Lawrence Macchia.

Newman & Schwartz by Robert Hill Schwartz, New York City, for defendant George Macchia.

Paul B. Bergman, New York City, for defendant Varzar.

Dilworth, Paxson, Kalish & Kaufman by J. Shane Creamer, Philadelphia, PA, for defendant Barberio.

Deinst, Serrins, Newman, O'Malley & Epstein by Kenneth I. Wirfel, New York City, for defendant Joseph L. Macchia, Jr.

ORDER

WEXLER, District Judge.

This matter came before the Court on January 25, 1994 for oral argument of the defendants' motion to dismiss the indictment based upon alleged defects in the grand jury array. All of the defendants have joined in the motion, which was made in the first instance on behalf of defendants George Macchia and Michael Varzar.

The motion has two parts — statutory and constitutional. Both are without merit. The...

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