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U.S. v. REGAN

No. 95 Cr. 29 (DC).

897 F.Supp. 748 (1995)

UNITED STATES of America v. Patrick REGAN, Defendant.

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

July 28, 1995.

Attorney(s) appearing for the Case

Mary Jo White, United States Attorney for the Southern District of New York by Deborah E. Landis, Assistant United States Attorney, New York City, for U.S.

David S. Greenfield, New York City, for Defendant.

OPINION

CHIN, District Judge.

In this perjury prosecution of a New York City police officer, defendant Patrick Regan moves to dismiss the indictment or portions thereof on the grounds that (1) the declarations alleged to be false in the indictment were not "material" to any Grand Jury investigation but were elicited solely as part of a "perjury trap," (2) the Grand Jury that issued the present indictment was not properly instructed on the element of "materiality...

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