US v. Giagoudakis, CR-86-477.
Decision Date | 17 March 1987 |
Docket Number | No. CR-86-477.,CR-86-477. |
Citation | 693 F. Supp. 1414 |
Parties | UNITED STATES of America, v. Elias GIAGOUDAKIS and Ruth Giagoudakis, Defendants. |
Court | U.S. District Court — Eastern District of New York |
Tanya Y. Hill, Asst. U.S. Atty., for U.S.
Stephen Cooper, New York City, for defendant Ruth Giagoudakis.
Gerald McMahon, New York City, for defendant Elias Giagoudakis.
The defendants, Elias and Ruth Giagoudakis, move pursuant to § 3162(a)(2) of the Speedy Trial Act, to dismiss the indictment against them on the ground that they were not brought to trial within the time limit required by 18 U.S.C. § 3161(c). In order to fully understand the instant application, it is necessary to detail the procedural facts on which the defendants base their motion.
On June 10, 1986, the defendants were arrested by agents of the Drug Enforcement Administration for their alleged involvement in a conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846, § 841(b)(1)(B)(i) and for distributing cocaine in violation of 21 U.S.C. § 841(a)(1), 841(b)(1)(B). On June 11, 1986, the defendants were arraigned before Magistrate Caden and each defendant was released on a $150,000 personal recognizance bond. The Grand Jury handed up an indictment that charged the defendants with the aforementioned crimes on July 1, 1986. That indictment was filed with the Clerk of the Court the following day and the case was assigned to Judge Nickerson. The defendants first appeared before Judge Nickerson on July 15, 1986. At that time they entered pleas of not guilty, bail was continued on the conditions set by Magistrate Caden, and the next status conference was scheduled for August 22, 1986. At that conference, the following exchange between the Court and counsel took place:
Immediately following this conference before Judge Nickerson, Steven Cooper, the attorney for Ruth Giagoudakis, served Sean O'Shea, the government attorney then assigned to the case, with a Notice of Motion to suppress physical evidence. According to Mr. O'Shea, service of this Notice of Motion occurred in the hall outside the courtroom. Mr. Cooper asked Mr. O'Shea if he would be good enough to accept service in the hall, and Mr. O'Shea agreed to do so. (1/14/87 at 8-9).
The Notice of Motion was dated August 19, 1986. It indicates that copies were sent to Judge Nickerson, Sean O'Shea, all defense counsel, and the Clerk of the Court. It appears from the docket sheet, however, that this motion was never filed with the Clerk of the Court.
The docket sheet reflects that the case was reassigned to this court by a memorandum dated September 10. That docket entry was made on September 18. On the following day, (September 19) the case was first called before this court and the following exchange took place:
At this conference, the case was next scheduled to be called, for all purposes, on October 21, 1986. . That date was adjourned until November 10, 1986, though the record does not reveal why. In the interim, however, this court received a letter dated October 28, 1986, from Mr. Cooper, requesting the suppression of physical evidence seized from Ruth Giagoudakis. The letter of the 28th indicates that copies were sent to co-defense counsel and to Mr. O'Shea. The letter was not filed with the Clerk of the Court, nor was any Notice of Motion to suppress evidence filed with the Clerk's Office.
When the case was called on November 10, 1986, Mr. McMahon, the attorney for Elias Giagoudakis, requested a hearing with regard to the suppression of statements made by the defendants and with regard to the physical evidence seized from Ruth Giagoudakis.
Title 18 U.S.C. Section 3161(c)(1) provides in pertinent part that:
In any case in which a plea of not guilty is entered, the trial of a defendant charged in an information or indictment with the commission of an offense shall commence within seventy days from the filing date (and making public) of the information or indictment, or from the date the defendant has appeared before a judicial officer of the court in which such charge is pending, whichever date last occurs.
Elias and Ruth Giagoudakis were arrested on June 10, 1986. They were arraigned before Magistrate Caden on the following day. An indictment was handed up against the defendants on July 1, 1986, and both defendants plead not guilty to the indictment on July 15, 1986 when the case was first called before Judge Nickerson.
This court determines that the statutory 70 day period commenced the day the defendants first appeared before Judge Nickerson and entered pleas of not guilty. See United States v. Nixon, 779 F.2d 126, 130 (2d Cir.1985); United States v. Simmons, ...
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Luther R., Matter of
...People v. McRay, 51 N.Y.2d 594, 602, 435 N.Y.S.2d 679, 416 N.E.2d 1015; United States v. Resto, 2nd Cir., 824 F.2d 210; United States v. Giagoudakis, 693 F.Supp. 1414, affd., 2nd Cir., 856 F.2d We have considered the defendant's remaining contentions and find them to be without merit (see, ......
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U.S. v. Giagoudakis, s. 68
...Appellants' claims are without merit for the reasons given by Judge Costantino in his two opinions dated March 17, 1987, reported at 693 F.Supp. 1414 and 693 F.Supp. 1417 Judgments affirmed. ...