Legal Opinion
New York v. De Vecchio
District Court, E.D. New York
Decided January 9, 2007No. 2:06-cv-00235PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
BLOCK, Senior District Judge.
On March 23, 2006, a grand jury of the New York Supreme Court, Kings County, indicted defendant, R. Lindley DeVecchio (“DeVecchio”), on four counts of second-degree intentional murder. Following arraignment, DeVecchio filed a notice of removal pursuant to 28 U.S.C. § 1446(a) seeking to remove the case to this Court under 28 U.S.C. § 1442(a)(1), which authorizes the removal of a state case in which a federal officer is criminally prosecuted “for any act under color of [his or her] office”; the People of the State of New York (“the State”) oppose…
2Cases cited19 opinions
- Imbler v. PachtmanSupreme Court of the United States · 1976
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- Kastigar v. United StatesSupreme Court of the United States · 1972
- Willingham v. MorganSupreme Court of the United States · 1969
- Mesa v. CaliforniaSupreme Court of the United States · 1989
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3Cited by5 opinions
- United States v. Orena (Sessa)Court of Appeals for the Second Circuit · 2013
- State ex rel. Slatery v. Tenn. Valley Auth.District Court, M.D. Tennessee · 2018
- Grancio v. De VecchioDistrict Court, E.D. New York · 2008
- Minnesota v. WeberDistrict Court, D. Minnesota · 2008
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