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11-7-01
Colombo 'Boss' Loses Round.
By KATI CORNELL SMITH
New York Post

November 7, 2001 -- Reputed acting Colombo crime boss Alphonse "Allie Boy" Persico yesterday lost his bid to keep potentially incriminating evidence out of his upcoming federal racketeering trial.

Judge Reena Raggi ruled against Persico after his lawyers argued FBI agents performed an illegal search two years ago while raiding Persico's apartment.

FBI agents testified they made a mistake while executing the search warrant for a cell phone they believed would link Persico to the slaying of ex-underboss William Cutolo.

Alphonse Persico, who faces trial in January on charges of loan-sharking, extortion, securities fraud and drug dealing, is not charged with the Cutolo murder.

Raggi ruled the FBI appears to have made an honest mistake after hearing agents testify they found the phone within moments of entering the apartment - but didn't recognize it as the right device.

Continuing the hunt, they stumbled on hidden loan-sharking records and cash, prompting them to get a warrant that allowed them to seize the evidence, investigators said.