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UNITED STATES v. GARDNER

No. 69 Cr. 622.

308 F.Supp. 425 (1969)

UNITED STATES of America, v. Norman GARDNER and Harvey Brown, Defendants.

United States District Court S. D. New York.

October 30, 1969.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., Southern District of New York, New York City, for United States, Sterling Johnson, Jr., Asst. U. S. Atty., of counsel.

Laurence E. Jacobson, New York City, for Norman Gardner.

MEMORANDUM

COOPER, District Judge.

Defendant Gardner moves for various forms of relief.

He seeks to suppress, pursuant to Rule 41, F.R.Crim.P., a quantity of narcotics allegedly found in an apartment belonging to him. This search was conducted pursuant to a search warrant issued on August 1, 1969 by a United States Commissioner on the basis of an affidavit of a Special Agent of the Bureau of Narcotics. Defendant controverts the sufficiency of this...

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