Opinion
09-CR-6116.
October 7, 2011
DECISION and ORDER
Siragusa, J. This case was referred by order of the undersigned, entered August 27, 2009, to Magistrate Judge Jonathan W. Feldman, pursuant to 28 U.S.C. § 636(b)(1)(A)-(B). On December 4, 2009, Defendant filed an omnibus motion (Docket # 65) seeking various forms of relief. At oral argument on his omnibus motion, held on March 16, 2010, Defendant orally requested and was granted permission to join in the application of co-defendant, Joseph B. Thompson, to suppress Title III eavesdropping evidence. In that regard, Magistrate Judge Feldman filed a Report and Recommendation ("R R") (Docket # 198) recommending that the Court deny Defendant's motion to suppress the eavesdropping evidence be denied. 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 Feldman's R R, Defendant's oral application to suppress eavesdropping evidence is denied.
IT IS SO ORDERED.
Dated: Rochester, New York
October 6, 2011