U.S. v. COSTARELLI

No. 87 CR 788.

685 F.Supp. 35 (1988)

UNITED STATES of America v. Tullio COSTARELLI, Defendant.

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

April 19, 1988.


Attorney(s) appearing for the Case

Andrew J. Maloney, U.S. Atty., E.D. N.Y., Edward A. McDonald, Attorney-in-Charge, U.S. Dept. of Justice, Organized Crime Strike Force, E.D.N.Y. (Matthew Brief, Sp. Atty., of counsel), for the government.

Michael S. Washor, Washor, Greenberg & Washor, New York City, for defendant.


MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

Defendant moves pursuant to Fed.R. Crim.P. 12 for an order dismissing this indictment. For the reasons discussed below, the motion is denied.

FACTS

On March 25, 1985, the defendant was served with a subpoena to testify before a Grand Jury empanelled in this district. In anticipation of the defendant's invoking his fifth amendment privilege, the government, on March 21, 1985, sought and obtained...

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