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ir. 1992) (same). In 142 EFTA00095234 Ruiz, the defendant was a New York state senator who founded a nonprofit that was developing a mall in the Bronx, and for which he provided consulting services. In 1984 and 1985, he made two loan applications for funds to invest in the project, on which he made
tain a Franks hearing, a defendant must make a "substantial preliminary showing," United States v. Falso, 544 F.3d 110, 125 (2d Cir. 2008) (quoting Franks v. Delaware, 438 U.S. 154, 155-56 (1978)), that (i) there were "inaccuracies or omissions" in the affidavit, (ii) "the alleged falsehoods or omissions were nece
irectly rebutting the defendant's allegations, there is no material issue of fact sufficient to justify an evidentiary hearing. The defendant cites Franks v. Delaware, 438 U.S. 154 (1978), to suggest that a hearing is somehow warranted, but her motion falls far short of the Franks standard to obtain a hearing. "W
ng a bank in Manhattan on April 22 cannot offer as evidence to disprove the charged crime that he did not rob the bank's branches in Brooklyn or the Bronx on April 22 or that he did not rob the Manhattan branch on April 20, 21, 23, and 24, because this evidence is irrelevant to the champ that he robbe
20 (2d Cir. 1928) 45 Fisher v. United States, 425 U.S. 391 (1976) 140, 146 Flagg v. Yonkers Sav. & Loan Assn, 396 F.3d 178 (2d Cir. 2005) 143 Franks v. Delaware, 438 U.S. 154 (1978) 166, 169, 170,171 Gatlo, 17 Cr. 686 (LAK) 275 Golino v. City of New Haven, 950 F.2d 864 (2d Cir. 1991) 125 Graham v. Co
, 894 F.2d 501 (2d Cir. 1992) (same). In Ruiz, the defendant was a New York state senator who founded a nonprofit that was developing a mall in the Bronx, and for which he provided consulting services. In 1984 and 1985, he made two loan applications for funds to invest in the project, on which he made
tain a Franks hearing, a defendant must make a "substantial preliminary showing," United States v. Falso, 544 F.3d 110, 125 (2d Cir. 2008) (quoting Franks v. Delaware, 438 U.S. 154, 155-56 (1978)), that (i) there were "inaccuracies or omissions" in the affidavit, (ii) "the alleged falsehoods or omissions were nece
ng a bank in Manhattan on April 22 cannot offer as evidence to disprove the charged crime that he did not rob the bank's branches in Brooklyn or the Bronx on April 22 or that he did not rob the Manhattan branch on April 20, 21, 23, and 24, because this evidence is irrelevant to the charge that he robb
(2d Cir. 1928) 45 Fisher v. United States, 425 U.S. 391 (1976) 140, 146 Flagg v. Yonkers Say. & Loan Ass 'n, 396 F.3d 178 (2d Cir. 2005) 143 Franks v. Delaware, 438 U.S. 154 (1978) 166, 169, 170, 171 Gatto, 17 Cr. 686 (LAK) 275 Golino v. City of New Haven, 950 F.2d 864 (2d Cir. 1991) 125 Graham v. C
, 894 F.2d 501 (2d Cir. 1992) (same). In Ruiz, the defendant was a New York state senator who founded a nonprofit that was developing a mall in the Bronx, and for which he provided consulting services. In 1984 and 1985, he made two loan applications for funds to invest in the project, on which he made
tain a Franks hearing, a defendant must make a "substantial preliminary showing," United States v. Falso, 544 F.3d 110, 125 (2d Cir. 2008) (quoting Franks v. Delaware, 438 U.S. 154, 155-56 (1978)), that (i) there were "inaccuracies or omissions" in the affidavit, (ii) "the alleged falsehoods or omissions were nece
ng a bank in Manhattan on April 22 cannot offer as evidence to disprove the charged crime that he did not rob the bank's branches in Brooklyn or the Bronx on April 22 or that he did not rob the Manhattan branch on April 20, 21, 23, and 24, because this evidence is irrelevant to the charge that he robb
(2d Cir. 1928) 45 Fisher v. United States, 425 U.S. 391 (1976) 140, 146 Flagg v. Yonkers Say. & Loan Ass 'n, 396 F.3d 178 (2d Cir. 2005) 143 Franks v. Delaware, 438 U.S. 154 (1978) 166, 169, 170, 171 Gatto, 17 Cr. 686 (LAK) 275 Golino v. City of New Haven, 950 F.2d 864 (2d Cir. 1991) 125 Graham v. C
, 894 F.2d 501 (2d Cir. 1992) (same). In Ruiz, the defendant was a New York state senator who founded a nonprofit that was developing a mall in the Bronx, and for which he provided consulting services. In 1984 and 1985, he made two loan applications for funds to invest in the project, on which he made
tain a Franks hearing, a defendant must make a "substantial preliminary showing," United States v. Falso, 544 F.3d 110, 125 (2d Cir. 2008) (quoting Franks v. Delaware, 438 U.S. 154, 155-56 (1978)), that (i) there were "inaccuracies or omissions" in the affidavit, (ii) "the alleged falsehoods or omissions were nece
ng a bank in Manhattan on April 22 cannot offer as evidence to disprove the charged crime that he did not rob the bank's branches in Brooklyn or the Bronx on April 22 or that he did not rob the Manhattan branch on April 20, 21, 23, and 24, because this evidence is irrelevant to the charge that he robb
(2d Cir. 1928) 45 Fisher v. United States, 425 U.S. 391 (1976) 140, 146 Flagg v. Yonkers Say. & Loan Ass 'n, 396 F.3d 178 (2d Cir. 2005) 143 Franks v. Delaware, 438 U.S. 154 (1978) 166, 169, 170, 171 Gatto, 17 Cr. 686 (LAK) 275 Golino v. City of New Haven, 950 F.2d 864 (2d Cir. 1991) 125 Graham v. C
, 894 F.2d 501 (2d Cir. 1992) (same). In Ruiz, the defendant was a New York state senator who founded a nonprofit that was developing a mall in the Bronx, and for which he provided consulting services. In 1984 and 1985, he made two loan applications for funds to invest in the project, on which he made
tain a Franks hearing, a defendant must make a "substantial preliminary showing," United States v. Falso, 544 F.3d 110, 125 (2d Cir. 2008) (quoting Franks v. Delaware, 438 U.S. 154, 155-56 (1978)), that (i) there were "inaccuracies or omissions" in the affidavit, (ii) "the alleged falsehoods or omissions were nece
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