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U.S. v. PREMISES KNOWN AS 281 SYOSSET WOODBURY RD.

No. 34, Docket 94-6308.

71 F.3d 1067 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. PREMISES KNOWN AS 281 SYOSSET WOODBURY ROAD, WOODBURY, NEW YORK, A Parcel of Real Property and All Appurtenances Thereto, Lying in Nassau County, New York, Said Property Being Titled in the Name of Lydia Camiola, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 13, 1995.

Attorney(s) appearing for the Case

Linda Myers, Brooklyn, New York (BLS Legal Services Corp., Minna J. Kotkin, on the brief), for Defendant-Appellant.

Sarah J. Lum, Assistant United States Attorney, Brooklyn, New York (Zachary W. Carter, United States Attorney, Deborah B. Zwany, Assistant United States Attorney, Arthur P. Hui, Assistant United States Attorney, on the brief), for Plaintiff-Appellee.

Before: MINER and CALABRESI, Circuit Judges, POLLACK, District Judge.

CALABRESI, Circuit Judge:

The wife of a convicted drug dealer seeks to distance herself from her husband's activities by asserting an innocent owner defense in a forfeiture proceeding against the family home. At the same time, she asserts the right to protect the harmony and intimacy of her marriage by invoking the testimonial privileges that allow a husband and wife to limit their testimony against each other. Her claims are ultimately unsuccessful, but they force...

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