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U.S. v. VALENCIA

No. 898, Docket 86-1496.

826 F.2d 169 (1987)

UNITED STATES of America, Appellant, v. Freddy VALENCIA, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 5, 1987.

Attorney(s) appearing for the Case

Cheryl L. Pollak, Asst. U.S. Atty., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., and Emily Berger, Asst. U.S. Atty., Brooklyn, N.Y., on the brief), for appellant.

Michael M. Maloney, New York City, for defendant-appellee.

Before MESKILL and NEWMAN, Circuit Judges, and BLUMENFELD, District Judge.

JON O. NEWMAN, Circuit Judge:

This appeal presents the issue, rarely litigated, whether statements made by defense counsel during informal conversations with a prosecutor may be admitted against a criminal defendant as admissions by an agent. The issue arises on an appeal by the United States from a pretrial order of the District Court for the Eastern District of New York (Henry Bramwell, Judge) excluding from evidence out-of-court statements made by a defendant's...

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