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CANALE v. U.S.

Docket 92-1173.

969 F.2d 13 (1992)

Michael CANALE, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals, Second Circuit.

Decided July 17, 1992.

Attorney(s) appearing for the Case

Ellen C. Brotman (Feit & Schlenker, Albany, N.Y., of counsel), for petitioner.

Paul D. Silver, Asst. U.S. Atty. (Gary L. Sharpe, U.S. Atty., N.D.N.Y., Syracuse, N.Y.), for respondent.

Before FEINBERG, CARDAMONE, and PIERCE, Circuit Judges.

PIERCE, Circuit Judge:

Michael Canale, a defendant in a federal narcotics prosecution in the United States District Court for the Northern District of New York, moves to dismiss as untimely the government's appeal from an order of the district court, Con. G. Cholakis, Judge, granting Canale's motion to suppress evidence obtained through an electronic surveillance order. The motion to dismiss the appeal is denied.

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