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U.S. v. NOSOV

No. S3 00 CR. 314(RLC).

221 F.Supp.2d 445 (2002)

UNITED STATES of America, v. Alexander NOSOV, a/k/a "Sasha Dlinni," Vasiliy Ermichine, a/k/a "Vassya," a/k/a "Blondine," and Natan Gozman, a/k/a "Shmunka," Defendants.

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

September 17, 2002.

Attorney(s) appearing for the Case

James B. Comey, United States Attorney for the Southern District of New York, New York City (Robert B. Buehler, Jamie L. Kogan, Assistant United States Attorneys, Of Counsel), for the United States of America.

Daniel Nobel, New York City (Daniel Nobel, Of Counsel), for Defendant Vasiliy Ermichine.

Donald Duboulay, New York City (Donald Duboulay, Of Counsel), for Defendant Alexander Nosov.

OPINION

ROBERT L. CARTER, District Judge.

Defendant Vasiliy Ermichine, joined by defendant Alexander Nosov, moves pursuant to Rule 33, F.R.Crim.P for a new trial on two grounds: 1) that the court improperly limited their cross-examination of a cooperating witness, Alexander Spitchenko, in violation of the Sixth Amendment and Rules 607 and 608, F.R. Evid.; and 2) that the court's ex parte communications with certain jurors without counsel's consent...

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