Opinion
03 Cr. 1340
January 21, 2004
ORDER
The defendant having made pretrial motions in this criminal case, it is hereby
ORDERED that the motion for suppression of the defendant's statements pursuant to Rule 410, Fed.R. crim. P., is denied. The statements were made after the entry of a plea and pursuant to a written agreement. The defendant has not shown that they are covered by Rule 410.
IT IS FURTHER ORDERED that the motion for notice of Rule 404(b), Fed.R.Crim.P., evidence is granted in part. The Government represents that it will make such disclosure two weeks in advance of the February 17 trial date. The Government's request for approval of that schedule is granted.
IT IS FURTHER ORDERED that the motion for a bill of particulars disclosing the identity of co-conspirators is denied. Having reviewed the arrest complaint, the indictment, and the parties' submissions on this motion, such a list is not necessary to permit the defendant to defend against the charges against him, to avoid prejudicial surprise at trial, or to interpose a plea of double jeopardy. See United States v. Rodriquez, No. 99 Cr. 367 (DLC), 1999 WL 820558 (S.D.N.Y. Oct. 13, 1999).
SO ORDERED.