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PEOPLE v. RIZZO

47 A.D.2d 468 (1975)

The People of the State of New York, Respondent, v. Ronald Frank Rizzo, Appellant

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

May 5, 1975

Attorney(s) appearing for the Case

Alexander J. Chase (Anthony M. Parlatore [Zale & Parlatore] of counsel), for appellant.

Henry F. O'Brien, District Attorney (Selig Rosenzweig of counsel), for respondent.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz of counsel), pro se, intervening pursuant to section 71 of Executive Law.

HOPKINS, MARTUSCELLO, COHALAN and CHRIST, JJ., concur.

RABIN, Acting P. J.

The defendant, Ronald Frank Rizzo, was convicted after a jury trial of possession for sale of non-tax-paid cigarettes in violation of article 20 of the Tax Law. The cigarettes were seized, without the benefit of a warrant, from the garage of Rizzo's residence by an investigator for the Department of Taxation and Finance of the State. After a hearing, Rizzo's motion during trial to suppress...

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