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UNITED STATES v. MARSHAK

No. 72 Cr. 1157.

364 F.Supp. 1005 (1973)

UNITED STATES of America v. Philip MARSHAK and Martin Dorf, Defendants.

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

June 13, 1973.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., for the Government by John C. Sabetta, Asst. U. S. Atty., of counsel.

Robert Kasanof, Legal Aid Society, Federal Defender Services Unit, New York City, for defendant Philip Marshak by Michele Hermann, New York City, of counsel.

Jerold C. Weissfeld, New York City, for defendant Martin Dorf.

OPINION AND ORDER

DUFFY, District Judge.

This is an unusual case. The defendants, Philip Marshak and Martin Dorf, are charged with distribution and possession, with intent to distribute, five (5) ounces of cocaine. At an omnibus hearing held before me, it was ascertained that there will be no cocaine or any other narcotic substance introduced at trial. It is, however, seemingly the government's allegation that the defendants stole some cocaine from a doctor...

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