U.S. v. RIOS

Nos. 1159, 1160, Dockets 88-1007, 88-1008.

856 F.2d 493 (1988)

UNITED STATES of America, Appellee, v. Jorge RIOS, Gabriel Rios and Fabio Tamayo, Defendants, Jorge Rios and Fabio Tamayo, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 2, 1988.


Attorney(s) appearing for the Case

Colleen P. Cassidy, of counsel, The Legal Aid Soc., Federal Defender Services Unit, New York City, for appellant Jorge Rios.

Lorin Duckerman, New York City, for appellant Tamayo.

Catherine E. Palmer, Asst. U.S. Atty., E.D.N.Y., Andrew J. Maloney, U.S. Atty., Brooklyn, N.Y., for appellee.

Before MESKILL and WINTER, Circuit Judges, and McCURN, District Judge.


PER CURIAM:

A. The Suppression Hearing

Judge Sifton, after conducting a pretrial hearing, denied defendants' motions to suppress the warrantless seizure of physical evidence from inside an apartment and from the trunk of a parked vehicle. It is claimed that the factual findings upon which Judge Sifton based his denial were clearly erroneous. It is to the trial court's crediting of the government's factual account that the appellants assign error....

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