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PEOPLE v. LePERA

197 A.D.2d 43 (1994)

The People of the State of New York, Respondent, v. Vincent LePera, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 15, 1994

Attorney(s) appearing for the Case

John Humann, Buffalo, for appellant.

Matthew J. Murphy, III, District Attorney of Niagara County, Lockport (Thomas H. Brandt of counsel), for respondent.

FALLON, CALLAHAN and DOERR, JJ., concur with GREEN, J.; DENMAN, P. J., dissents and votes to affirm in a separate opinion.

GREEN, J.

After a jury trial, defendant was convicted of possession of gambling records in the first degree (Penal Law § 225.20 [1]). The records had been seized and photocopied by an agent of the United States Customs Service during a border search. Defendant contends that the warrantless seizure was illegal and that his motion to suppress the photocopies of the gambling records should have been granted...

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