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U.S. v. UVINO

No. 07-cr-725 (JBW).

590 F.Supp.2d 372 (2008)

UNITED STATES of America, v. Michael UVINO, Philip Costanza, Brian Dono, and John Tripi, Defendants.

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

As Amended December 19, 2008.

Attorney(s) appearing for the Case

Deborah Sue Mayer, Elizabeth Geddes, James Donald Gatta, United States Attorneys Office, Brooklyn, NY, for United States of America.

Michael S. Washor, Nicholas J. Pinto, Law Offices of Michael S. Wahsor, New York, NY, Steven Lloyd Brounstein, Papa, DePaola & Brounstein, Bayside, NY, Charles Samuel Hochbaum, Charles S. Hochbaum, P.C., Brooklyn, NY, Scott Yale Auster, Law Office of Scott Auster, Esq, Carmel, NY, for Defendants.

ORDER USE OF FBI REPORTS TO IMPEACH UNAVAILABLE WITNESSES

JACK B. WEINSTEIN, Senior District Judge:

In the course of preparation for trial, it became clear that two alleged victims of assault will not be called to testify for either party because they would invoke the Fifth Amendment. The court recognizes its power to call the individuals under Federal Rule of Evidence 614(a), but prefers to avoid the unnecessary spectacle of their invoking the Fifth Amendment...

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