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U.S. v. CROMITIE

No. 09 Cr. 558 (CM).

781 F.Supp.2d 211 (2011)

UNITED STATES of America, v. James CROMITIE, David Williams, Onta Williams and Laguerre Payen, Defendants.

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

May 3, 2011.

Attorney(s) appearing for the Case

David Seymour Leibowitz , David Alan Raskin , Eric James Snyder , Adam Sean Hickey , U.S. Attorney's Office, New York, NY, Jason P.W. Halperin , U.S. Attorney's Office, White Plains, NY, for United States of America.

Kerry Andrew Lawrence , Vincent L. Briccetti , Briccetti, Calhoun & Lawrence, Theodore Samuel Green , Green & Willstatter, White Plains, NY, for Defendants.

DECISION AND ORDER DENYING DEFENDANTS' RENEWED MTION TO DISMISS THE INDICMENT BASED ON OUTRAGEOUS GOVERNMENT MISCONDUCT

McMAHON, District Judge:

Defendants renew a motion, made and denied without prejudice prior to the trial, to have the indictment dismissed on the ground that the Government "created the criminal, then manufactured the crime." (Cromitie Br at 1).

There is some truth to that description of what transpired here. Nonetheless, the motion...

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