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U.S. v. Kiyuyung, No. 98-1273 (2nd Cir.) (171 F.3d 78) (March 10, 1999) (Judge Amalya Lyle Kearse)

The defendant appealed the district court's denial of his suppression motion arguing that the guns found in his apartment were not in plain view. The Second Circuit agreed. Of interest is that the Second Circuit left open to the discretion of the district judge whether or not to reopen the ...

 

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