United States v. Cook

MEMORANDUM DECISION AND ORDER

ROBINSON, District Judge.

I. INTRODUCTION:

A. Factual History:

On January 24, 2003, Detective Frank Sarbaci of the Newburgh Police Department executed an affidavit in support of a search warrant for 56 William Street, Newburgh, New York (“January 24th Warrant”), where Darían Cook (the “Defendant”) operated Miss Cook’s Deli, from which the Government alleges that he sold narcotics. The affidavit was presented to and approved by Newburgh City Court Judge Jeanne Patsolas. That search warrant was executed on January 29, 2003 and the following items were recovered: (a) 15…