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U.S. v. TORRES

No. 116, Docket 91-1204.

949 F.2d 606 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. Cynthia TORRES, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 20, 1991.

Attorney(s) appearing for the Case

Thomas S. Duszkiewicz, Asst. U.S. Atty., Buffalo, N.Y. (Dennis C. Vacco, U.S. Atty. W.D. New York, of counsel), for plaintiff-appellant.

Daniel J. Henry, Jr., Hamburg, N.Y., for defendant-appellee.

Before LUMBARD, WINTER, and ALTIMARI, Circuit Judges.

LUMBARD, Circuit Judge:

The government brings this interlocutory appeal from an order of the District Court for the Western District of New York, John T. Elfvin, Judge, which suppressed evidence of 2.5 grams of heroin discovered in a shoulder bag in the possession of defendant Cynthia Torres after she disembarked from an overnight express bus from New York City. We reverse.

Undisputed testimony at the suppression...

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