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UNITED STATES v. DE VIVO

No. 60-Cr.-323.

190 F.Supp. 483 (1961)

UNITED STATES of America, v. Gaetano DE VIVO, Defendant.

United States District Court E. D. New York.

January 10, 1961.

Attorney(s) appearing for the Case

Cornelius W. Wickersham, Jr., U. S. Atty., E. D. New York, Brooklyn, N. Y., for the United States; Joseph J. Marcheso, Asst. U. S. Atty., Brooklyn, N. Y., of counsel.

Leon Ruby, New York City, for defendant; Donald N. Ruby, New York City, of counsel.

BARTELS, District Judge.

Pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure, 18 U.S.C. A., defendant moved to suppress evidence, consisting of certain merchandise seized by Special Agents of the Federal Bureau of Investigation on April 20, 1960 in his garage and apartment located at 1930 85th Street, Brooklyn, N. Y.

The issue here is whether or not defendant gave his permission voluntarily and freely to the F.B.I. agents to search his garage...

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