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- nysd;;1:16-cr-00453_de84 RegisterActionDate "2017-05-02" @default.
- nysd;;1:16-cr-00453_de84 RegisterActionDescriptionText "ORDER as to 9B426B9, Ger Palagio C2A0494, 976449F. The Court is in receipt of a letter from Defendant C2A0494 ("Suarez" or "Defendant"), dated May 1, 2017, advising the Court and the government of Defendant's intention to assert the affirmative defense of duress and requesting that the Court instruct the jury on that defense. (Doc. No. 57.) The Court is also in receipt of a motion from the government requesting that the Court hold a pre-trial evidentiary hearing to determine whether C2A0494 has proffered sufficient evidence to justify submission of the duress defense to the jury. (Doc. No. 43 at 17-19.) For the reasons set forth below, the government's request for a hearing is granted....[See this Order]... In order to determine whether the affirmative defense of duress may be submitted to the jury, IT IS HEREBY ORDERED that the Court will hold a pre-trial hearing on this issue on May 4, 2017 at 9 a.m. in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. IT IS FURTHER ORDERED that C2A0494 shall file a list of exhibits and witnesses he intends to offer at the hearing no later than May 3, 2017 at 3:00 p.m. IT IS FURTHER ORDERED that the government shall respond to C2A0494 arguments concerning the propriety of a duress defense (see Doc. No. 52 at 4-7) in its opposition to 976449F related motion for a severance, which is due on May 3, 2017 (Doc. No. 61). IT IS FURTHER ORDERED that the final pretrial conference in this matter will commence immediately following the conclusion of the May 4, 2017 hearing, at which the Court will resolve remaining pre-trial motions. SO ORDERED. (Signed by Judge Richard J. Sullivan on 5/2/2017)(bw) (Entered: 05/03/2017)" @default.
- nysd;;1:16-cr-00453_de84 AdministrativeID "68" @default.
- nysd;;1:16-cr-00453_de84 hasJudgeReference SJ000846 @default.