U.S. v. Negron

Full title: UNITED STATES OF AMERICA v. DAVID NEGRON, Defendant

Court: United States District Court, S.D. New York

Date published: Jul 20, 2005

No. 04 Cr. 929 (LMM) (S.D.N.Y. Jul. 20, 2005)

Opinion

No. 04 Cr. 929 (LMM).

July 20, 2005

MEMORANDUM AND ORDER

LAWRENCE McKENNA, District Judge

At the close of the hearing held on July 14, 2005, counsel for defendant proposed the calling by defendant of two witnesses: (i) an agent present at the scene of the April 6, 2004 dog-sniff; and (ii) a dog-sniff expert. The government objected. The Court reserved decision.

Upon review of prior proceedings, the Court concludes that the proposed witnesses' testimony is sufficiently relevant, as rebuttal to the testimony of Detective Gallagher, in relation to the issues identified as (i) and (iii) in the Court's Memorandum and Order of March 25, 2005, at 2 n. 1, for them to be allowed to testify.¹

1 The Court does not understand issue (ii) to be in litigation at this time.

Counsel should contact Mr. Zaepfel to arrange a date for the continuation of the hearing, preferably on August 16, 2005 at 10:00 A.M. (the date previously set for the hearing, which was accelerated to accommodate Detective Gallagher).

Time is excluded to August 16, 2005 pursuant to 18 U.S.C. § 3161(h)(1)F).

SO ORDERED.