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U.S. v. MAIN STREET DISTRIBUTORS, INC.

No. 88 CR 0261.

741 F.Supp. 353 (1990)

UNITED STATES of America v. MAIN STREET DISTRIBUTORS, INC., Steven Pesce, Mark Benowitz, Arthur Eisenman, Robert Cavaliere, and Stuart Podolsky, Defendants.

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

April 26, 1990.

Attorney(s) appearing for the Case

Andrew J. Maloney, U.S. Atty., E.D. N.Y., Cheryl L. Pollak, Asst. U.S. Atty., Brooklyn, N.Y., for the U.S.

Gerald B. Lefcourt, P.C., New York City, for Main Street Distributors, Inc., and Steven Pesce; Gerald B. Lefcourt, Gary G. Becker, of counsel.

Richard Ware Levitt, New York City, for Mark Benowitz.

Jack Evzeroff, Brooklyn, N.Y., for Arthur Eisenman.

Gavin Scotti, New York City, for Robert Cavaliere.

Epstein & Kirshner, New York City, for Stuart Podolsky; Bennett M. Epstein, of counsel.

MEMORANDUM OF DECISION AND ORDER

MISHLER, District Judge.

The court's memorandum of decision of October 4, 1989, directed an evidentiary hearing on the defendants' motion (a) to suppress physical evidence seized on March 31, 1988;1 (2) suppression of statements made by defendants Steven Pesce, Robert Cavaliere and Stuart Podolsky; and (3) dismissal of the indictment on the ground that the government intentionally and/or recklessly...

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