PEOPLE v. PEPITONE


48 A.D.2d 135 (1975)

The People of the State of New York, Respondent, v. Louis Pepitone and Pasquale Manfre, Appellants

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

May 20, 1975


Attorney(s) appearing for the Case

John Nicholas Iannuzzi of counsel (Bambury, Iannuzzi, Iannuzzi & Bambury, attorneys), for appellants.

Karen Zelfman Bell of counsel (Robert J. Hume, III, with her on the brief; Mario Merola, District Attorney), for respondent.

MARKEWICH and LANE, JJ., concur with CAPOZZOLI, J.; STEVENS, P. J., and LUPIANO, J., dissent in an opinion by LUPIANO, J.


CAPOZZOLI, J.

An examination of this record leads us to the conclusion that the search and seizure herein were illegal and in violation of the constitutional rights of the defendants-appellants.

The defendants were indicted for a violation of subdivision 2 of section 481 of article 20 of the New York State Tax Law which forbids the criminal possession and transportation of untaxed cigarettes. They were convicted upon their pleas of guilty to a...

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