PEOPLE v. ALFINITO


16 N.Y.2d 181 (1965)

The People of the State of New York, Appellant-Respondent, v. Peter Alfinito and Ralph Raymond Zarro, Respondents-Appellants.

Court of Appeals of the State of New York.

Decided October 21, 1965.


Attorney(s) appearing for the Case

Isidore Dollinger, District Attorney (Walter E. Dillon of counsel), for appellant-respondent.

Paul A. Victor for respondents-appellants.

Jay Greenfield and Daniel J. Sullivan for New York Civil Liberties Union, amicus curiæ.

Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur.


Chief Judge DESMOND.

In this prosecution for alleged violations of sections 974, 974-a and 975 of the Penal Law (policy gambling), the New York City Criminal Court granted defendant's pretrial motion for suppression of evidence alleged by defendant to have been procured through an unlawful search. The People appealed to the Appellate Term, arguing that the Criminal Court should not have permitted defendant to...

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