CHMIELEWSKI v. ROSETTI


59 Misc.2d 335 (1969)

Frank Chmielewski, Appellant, v. Thomas E. Rosetti, as Police Property Clerk of the City of New York, Respondent.

Supreme Court, Appellate Term, Second Department.

February 11, 1969


Attorney(s) appearing for the Case

Mastropieri, Cutrone & Carlsen (Robert C. Carlsen of counsel), for appellant. J. Lee Rankin, Corporation Counsel (Richard L. Stern and Stanley Buchsbaum of counsel), for respondent.

Concur — GROAT, P. J., MARGETT and RINALDI, JJ.


Per Curiam.

In this action to replevin an automobile seized by the police, the evidence adduced at the trial indicates that, following an unlawful search and seizure of plaintiff's automobile, his son was arrested and charged with unlawful possession of narcotic drugs allegedly secreted in the said motor vehicle, and of which plaintiff had no knowledge.

It is well settled that evidence wrongfully obtained by a public official is not admissible in a...

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