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NEW YORK v. TANELLA

No. 03-1589.

374 F.3d 141 (2004)

State of NEW YORK, Appellant, v. Jude TANELLA, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 30, 2004.

Attorney(s) appearing for the Case

Ann N. Bordley, Assistant District Attorney, (Leonard Joblove, Victor Barall, Assistant District Attorneys, of counsel), for Charles J. Hynes, District Attorney, Kings County, Brooklyn, N.Y., for Appellant.

Adam S. Hoffinger (Robert A. Salerno, Bridget M. Fitzpatrick, of counsel), Piper Rudnick LLP, Washington, D.C., for Defendant-Appellee.

Wayne W. Schmidt, Law Office of Wayne W. Schmidt, Park Ridge, IL, for amicus curiae Americans for Effective Law Enforcement, Inc., in support of Defendant-Appellee.

Gene Voegtlin, Law Office of Gene Voegtlin, Alexandria, VA (James P. Manak, Glen Ellyn, IL, of counsel), for amicus curiae The International Association of Chiefs of Police, Inc., in support of Defendant-Appellee.

Before: McLAUGHLIN, SACK, SOTOMAYOR, Circuit Judges.

McLAUGHLIN, Circuit Judge.

The State of New York ("the State") appeals from a judgment of the United States District Court for the Eastern District of New York (Garaufis, J.), dismissing an indictment against Drug Enforcement Administration ("DEA") Agent Jude Tanella for manslaughter. In May 2002, Agent Tanella shot and killed drug dealer Egbert Dewgard in Brooklyn, New York, after a high-speed car chase and a violent one-on-one struggle.

The Kings...

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