UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
May 2, 2011
UNITED STATES OF AMERICA, PLAINTIFF,
CARL WHITE DEFENDANT.
The opinion of the court was delivered by: Charles J. Siragusa United States District Judge
DECISION and ORDER
This case was referred by order of the undersigned, dated December 14, 2010, to Magistrate Judge Marian W. Payson, pursuant to 28 U.S.C. § 636(b)(1)(A)-(B). Defendant filed an omnibus pretrial motion seeking, inter alia, an order dismissing the one count indictment as duplicitous. On April 14, 2011, Magistrate Judge Payson filed a Report and Recommendation ("R&R") (#23) recommending that the Court deny defendant's motion to dismiss the indictment as duplicitous. Defendant timely filed objections (# 24) to the R&R on April 28, 2011.
Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the R&R to which objections have been made. Upon a de novo review of the R& R and after considering the defendant's objections, the Court accepts the proposed findings and recommendation.
Accordingly, for the reasons set forth in Magistrate Judge Payson's R&R (#23), the defendant's motion (#16) to dismiss the indictment as duplicitous is denied.
IT IS SO ORDERED.
Rochester, New York
Charles J. Siragusa
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