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UNITED STATES v. WEBB

No. 1002, Docket 79-1491.

623 F.2d 758 (1980)

UNITED STATES of America, Appellant, v. Lillian WEBB, Appellee.

United States Court of Appeals, Second Circuit.

Decided April 28, 1980.

Attorney(s) appearing for the Case

Harvey M. Stone, Asst. U. S. Atty., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty., and Mark A. Summers, Asst. U. S. Atty., Brooklyn, N. Y., on the brief), for appellant.

Gerald B. Lefcourt, New York City (Richard W. Levitt and Randye Retkin, New York City, on the brief), for appellee.

Before FRIENDLY, FEINBERG and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

The United States appeals from a pretrial order entered in the Eastern District of New York, Mark A. Costantino, District Judge, which suppressed and excluded on relevancy grounds, Fed.R.Evid. 401 and 402, three packets containing 99 grams of heroin confiscated by the government in connection with the warrantless arrest of appellee. The order is reversed and the case is remanded for further proceedings.

I.

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