USA v. Bongiovanni, et al.

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
V.
PETER GERACE, JR.,
Defendant.
19-CR-227
23-CR-37
ORDER
Because full consideration of the government's revised and superseding motion
to disqualify, Docket Item 691, will take additional time, "it is ... open to [the Court] to
find that the interest of justice is best served by granting a continuance under [18 U.S.C.
§] 3161 (h)(8) [now § 3161 (h)(7)(A)] for the excess period[.]" United States v. Bufalino,
683 F.2d 639, 645 (2d Cir. 1982). Based upon the complex and weighty issues
presented by the motion, the Court finds that the interests of justice in a continuance
override the defendant's and the public's interests in a speedier trial, and this Court
grants a further continuance under 18 U.S.C. §3161 (h)(7)(A) from today's date until
April 26, 2024.
This order puts the defendant "on notice that the speedy trial clock has been
stopped," and it ensures that, "[i]f for any reason counsel believes that [an exclusion] is
inappropriate, an objection may be raised and a record made" of the objection. 	United
States v. Tunnessen, 763 F.2d 74, 78 (2d Cir. 1985); see also United States v.
Kiszewski, 877 F.2d 210, 215 (2d Cir. 1989).
Case 1:19-cr-00227-LJV-MJR Document 865 Filed 04/12/24 Page 1 of 2

SO ORDERED.
Dated: 	April 12, 2024
Buffalo, New York
2
ILARDO
A-I-!;::.(") DISTRICT JUDGE
Case 1:19-cr-00227-LJV-MJR Document 865 Filed 04/12/24 Page 2 of 2