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U.S. v. COOK

No. 03 Cr. 469(SCR).

348 F.Supp.2d 22 (2004)

UNITED STATES of America, v. Darian COOK.

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

February 6, 2004.

Attorney(s) appearing for the Case

Jacob A. Buchdahl, Assistant United States Attorney, New York, NY, for Plaintiff.

Joseph Vita, Joseph A. Vita, Esq. Port Chester, NY, for Defendant.

MEMORANDUM DECISION AND ORDER

ROBINSON, District Judge.

I. INTRODUCTION:

A. FACTUAL HISTORY:

On January 24, 2003, Detective Frank Sarbaci of the Newburgh Police Department executed an affidavit in support of a search warrant for 56 William Street, Newburgh, New York ("January 24th Warrant"), where Darian Cook (the "Defendant") operated Miss Cook's Deli, from which the Government alleges that he sold narcotics. The...

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