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PEOPLE v. CIOFFI

81 Misc.2d 1 (1975)

The People of the State of New York, Plaintiff, v. Arnold Cioffi, Defendant.

Supreme Court, Criminal Term, Kings County.

March 7, 1975

Attorney(s) appearing for the Case

Joel H. Brettschneider for defendant. Eugene Gold, District Attorney (James O'Donnell of counsel), for plaintiff.

M. MICHAEL POTOKER, J.

Defendant, charged with the crime of possession of cigarettes for the purpose of sale for which no New York State tax was paid (Tax Law, § 471, § 481, subd. 2), moves to suppress a warrantless seizure of 1,700 cartons of untaxed cigarettes from his business establishment.

The facts adduced at the pretrial hearing are undisputed. At 12:00 noon on June 28, 1973, George Kydd...

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