UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
September 26, 2012
UNITED STATES OF AMERICA, PLAINTIFF
RICHARD W. MAR DEFENDANT
The opinion of the court was delivered by: Charles J. Siragusa United States District Judge
DECISION and ORDER
This case was referred by text order of the undersigned, entered May 2, 2011, ECF No. 2, to Magistrate Judge Marian W. Payson, pursuant to 28 U.S.C. § 636(b)(1)(A)-(B). On June 11, 2012, Defendant filed an omnibus motion, ECF No. 201, seeking inter alia suppression of evidence of a photographic identification procedure. On August 9, 2012 Magistrate Judge Payson filed a Report and Recommendation ("R&R"), ECF No. 250, recommending that the Court deny Defendant's motion to suppress. The time has passed for Defendant to file any objections to the R&R, and none have been filed.
Accordingly, for the reasons set forth in Magistrate Judge Payson's R&R, Defendant's application to suppress evidence of a photographic identification procedure is denied.
IT IS SO ORDERED.
Charles J. Siragusa
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