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U.S. v. IRVING

United States District Court, Southern District of New York


July 23, 2003

UNITED STATES OF AMERICA,
v.
STEFAN IRVING, DEFENDANT.

The opinion of the court was delivered by: Lewis Kaplan, District Judge

ORDER

1. For reasons stated on the record in open court this day, defendant's motion to suppress and for other relief is disposed of in part as follows:

a. The motion to suppress evidence of photo identifications of defendant is denied as moot. The government shall promptly notify defendant of any intention to offer any such identification whereupon the defendant shall make any motion to suppress within ten days.

b. The motion to sever count 1 from counts 2 and 3 is denied.

c. The motion for an in limine ruling is denied as premature. The government shall give defendant notice of any intention to offer evidence under Fed.R.Evid. 404(b) not later than ten days prior to trial.

d. The motion for discovery of Brady material is denied in view of the government's stated awareness of and intention to discharge its obligations.

e. The motion to dismiss the indictment is denied.

2. An evidentiary hearing on so much of the motion as seeks to suppress evidence obtained at an airport on May 27, 1998 will be held on September 5, 2003 at 2 p.m.

3. The Court reserves decision on the motion to suppress evidence seized pursuant to the search warrant.

SO ORDERED.

20030723

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