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Re: None

Wednesday, 07/17/2019 9:48:16 AM

Wednesday, July 17, 2019 9:48:16 AM

Post# of 105602
Glug, glug, glug, da Baltia Whale is drowning...

"II. CONCLUSION

Defendant’s motion [24] is resolved, in part, as follows:
• the motion to dismiss on the ground of preindictment delay is denied without prejudice to renewal;
• the motion to suppress based on alleged misrepresentations made to the Magistrate Judge who signed the 2013 warrant is denied, as is the request for a Franks hearing on that issue;
• the 2013 warrant violated the particularity clause of the Fourth Amendment and was thus facially invalid; however, the motion to suppress evidence seized pursuant to this warrant remains undecided pending further report and recommendation; and
• the motion to suppress evidence seized pursuant to the 2018 warrant is denied as moot.

Decision is reserved as to the remainder of the motion.

SO ORDERED.

Dated: July 15, 2019
Central Islip, New York"
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