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Legal Opinion

United States v. Gallo

District Court, E.D. New York

Decided November 14, 1986No. 1:86-cr-00452PublishedCited by 21 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

WEINSTEIN, Chief Judge:

Defendants Anthony Vitta and Salvatore Migliorisi are in custody because they were found to constitute a danger to a potential witness, “X.” They move for their release pending trial. Decision requires a balancing of the dangers to the witness and to society against the likelihood that the defendants’ continued incarceration would protect “X” and the unfairness of incarcerating for long periods persons presumed to be innocent. As indicated below, analysis of the facts and various relevant factors requires conditional release.

I. FACTS

Vitta and…

2Cases cited75 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Bell v. WolfishSupreme Court of the United States · 1979
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. United States v. BagleySupreme Court of the United States · 1985
  5. Giglio v. United StatesSupreme Court of the United States · 1972

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3Cited by21 opinions

  1. United States v. Eric Millan and Ralph RiveraCourt of Appeals for the Second Circuit · 1993
  2. United States v. GalloDistrict Court, E.D. New York · 1987
  3. United States v. GalloDistrict Court, E.D. New York · 1987
  4. People v. Juvenile Court, City & County of DenverSupreme Court of Colorado · 1995
  5. Dorsey v. CommonwealthCourt of Appeals of Virginia · 2000

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