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NEW YORK v. TANELLA

No. 02-CR-1343 (NGG).

281 F.Supp.2d 606 (2003)

State of NEW YORK, v. Jude TANELLA, Defendant.

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

September 3, 2003.

Attorney(s) appearing for the Case

Lawrence A Berger, Mahon & Berger, Garden City, NY, Adam S. Hoffinger, Robert A. Salerno, Piper Rudnick LLP, Washington, DC, for Defendant.

Victor Barall, Kings County District Attorney, Ann Bordley, Kings County District Attorney's Of., Leonard Joblove, District Attorney, Kings County, Brooklyn, NY, for Plaintiff.

MEMORANDUM AND ORDER

GARAUFIS, District Judge.

Before the court is defendant Jude Tanella's motion, pursuant Rule 12(b) of the Federal Rules of Criminal Procedure, to dismiss the indictment on the ground that he is immune from prosecution under the Supremacy Clause of the United States Constitution. For the reasons stated here, the motion to dismiss the indictment is granted.

I. FACTS1

Jude Tanella...

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