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United States v. Robare

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 9, 2008

UNITED STATES OF AMERICA,
v.
ROGER BRUCE ROBARE, JR., DEFENDANT.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

Defendant is charged in a four-count Superseding Indictment with possession of a "sawed-off" shotgun and ammunition.*fn1 Defendant's counsel subpoenaed certain documents, the majority of which pertain to Defendant's wife, April Robare. The Court has conducted an in camera review of the subpoenaed records and finds that none of them are relevant to the issue of whether Defendant is guilty of the offenses with which he is charged in the Superseding Indictment.

To the extent that Defendant intends to use these documents to cross-examine April Robare should she testify at trial, the Court cannot determine whether Defendant's use of any of these documents for that purpose would be proper until the Court hears the testimony of April Robare if, in fact, the Government decides to call her as a witness. Accordingly, the Court hereby

ORDERS that Defendant's request to review these documents is DENIED with leave to renew should April Robare testify at trial.

IT IS SO ORDERED.


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