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U.S. v. Gotti, No. 98 Cr. 42(BDP) (S.D.N.Y.) (9 F.Supp.2d 320) (June 15, 1998) (Judge Barrington D. Jr. Parker)

Citing U.S. v. Locasio, 6 F.3d 924, 931 (2nd Cir. 1993), the Court held that "Because the attorney's status as an unsworn witness may inure to the benefot of the defendant, 'waiver by the defendant is ineffective in curing the impropriety in such situations, since he is not the party ...

 

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