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PEOPLE v. CASSONE

35 Misc.2d 699 (1962)

The People of the State of New York, Plaintiff, v. Edward Cassone, Dominick La Monica, Francis Carbonaro and Pasquale Russo, Defendants.

Court of General Sessions of the County of New York.

August 10, 1962

Attorney(s) appearing for the Case

J. M. Solomon for Dominick La Monica and Pasquale Russo, defendants. Samuel Segal for Edward Cassone, defendant. Anthony F. Marra (Thomas Brett of counsel), for Francis Carbonaro, defendant. Frank S. Hogan, District Attorney (Richard A. Nachman of counsel), for plaintiff.

THOMAS DICKENS, J.

This motion is aimed at suppressing evidence allegedly seized by the police without a search warrant. The seizure followed the arrest of defendants after each of the defendants had been first cast in the role of an arrectatus by the arresting officer.

At the testimonial hearing of this motion, the arresting officer stated on the stand that on January 1, 1962, about 12:30 A.M., at which time snow was falling, he had noticed...

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