The two businessmen, father-and-son Danny and Richard Teng, were charged with conspiracy and trafficking in drug paraphernalia in a case that was expected to go to trial last week, according to published reports.
But in federal court in Brooklyn Feb. 25 Judge Nicholas Garaufis rejected the evidence on the basis that the FBI agent who secured the search warrant, Elvin Quinones, made false statements in his application for the warrant, the spokesman said.
The search was conducted in May 2003 at a warehouse operated by the Tengs on 15th Avenue in College Point, Newsday reported.
Quinones admitted at a special hearing last week that he had falsified statements on the affidavit for a search warrant, according to Newsday.
Quinones' statement that he saw thousands of "bullets" - a type of drug paraphernalia used to snort cocaine - was untrue, according to Newsday.
The U.S. attorney's office is reviewing the judge's decision and deciding whether or not to appeal that ruling, the spokesman said.
The judge's Feb. 25 ruling threw out the primary evidence in the case against the Tengs.
As of Tuesday, the case had not been dismissed against the pair, the U.S. attorney's office spokesman said.
Reach reporter Cynthia Koons by e-mail at firstname.lastname@example.org or call 718-229-0300, Ext. 141.
©2004 Community News Group
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