District Court, E.D. New York May 3, 1978, 78 CR 24 (United States v. Garcia)

MEMORANDUM AND ORDER

NICKERSON, District Judge.

Defendant, charged with possession, with intent to distribute, of heroin hydrochloride in violation of 21 U.S.C. § 841(a)(1), moves to suppress evidence seized from and statements made by him on January 6, 1978.

At the hearing the sole witness was Gerard Whitmore, a special agent of the Drug Enforcement Administration (“DEA”).