New York v. Tanella

MEMORANDUM AND ORDER

GARAUFIS, District Judge.

Before the court is defendant Jude Ta-nella’s motion, pursuant Rule 12(b) of the Federal Rules of Criminal Procedure, to dismiss the indictment on the ground that he is immune from prosecution under the Supremacy Clause of the United States Constitution. For the reasons stated here, the motion to dismiss the indictment is granted.

I. FACTS 1

Jude Tanella is a special agent with the United States Drug Enforcement Administration (“DEA”). At the time of the events giving rise to this case, he was assigned to Group D-24, New York Field Division, Drug…