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IN RE DRAKE

No. CR-90-1051 (S-1).

786 F.Supp. 229 (1992)

In re Subpoena of Nancy DRAKE to testify in UNITED STATES of America v. John GOTTI and Frank Locascio, Defendants.

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

March 9, 1992.

Attorney(s) appearing for the Case

Laura A. Brevetti, Morrison Cohen Singer & Weinstein, New York City, for Nancy Drake.

Andrew J. Maloney, U.S. Atty., Patrick J. Cotter, Asst. U.S. Atty., for the U.S.

Albert J. Krieger, Miami, Fla., for John Gotti.

John W. Mitchell, LaRossa, Mitchell & Ross, New York City, Anthony M. Cardinale, Boston, Mass., for Frank Locascio.

MEMORANDUM AND ORDER

GLASSER, District Judge:

A witness who has been served with a subpoena to testify in this criminal matter has moved to quash that subpoena on the grounds that it is oppressive and unreasonable. In the alternative, the witness moves this court to declare her "unavailable" as a witness and to admit into evidence certain statements that she has made to a federal investigator. The government has opposed her motion to quash the subpoena but...

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