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U.S. v. RIVERA

No. 08 Cr. 100 (JSR).

543 F.Supp.2d 335 (2008)

UNITED STATES of America, v. Jose RIVERA, Defendant.

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

April 14, 2008.

Attorney(s) appearing for the Case

Howard Seth Master, U.S. Attorney's Office, New York, NY, for the United States.

David E. Patton, Federal Defenders of New York Inc., New York, NY, for Jose Rivera.

MEMORANDUM

JED S. RAKOFF, District Judge.

By Order dated April 7, 2008, the Court granted defendant's motion to suppress physical evidence and statements. This Memorandum states the reasons for that ruling.

At a suppression hearing held on March 26, 2008, the Government called two witnesses: New York Police Officer Levar Stockton and New York Police Sergeant John Gazzola. Sergeant Gazzola was not credible. His testimony was riddled with exaggerations...

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