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U.S. v. DE RISIO

No. 87 Cr. 0261 (KTD).

686 F.Supp. 82 (1988)

UNITED STATES of America, v. Romeo DE RISIO, Defendant.

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

May 11, 1988.

Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty. for S.D. N.Y., New York City (Edward McNally, Asst. U.S. Atty., of counsel), for U.S.

Caesar D. Cirigliano, The Legal Aid Society, New York City (John P. Curley, of counsel), for defendant.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

Defendant Romeo De Risio moves to dismiss a two-count indictment charging him with possession of stolen mail and bank robbery, on the grounds that the statute of limitations has run and, in the alternative, that the delay in prosecution violated his right to due process. The government opposes the motion and alleges that for a substantial period of time the statute of limitations was tolled because...

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