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PEOPLE v. RIZZO

40 N.Y.2d 425 (1976)

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

Court of Appeals of the State of New York.

Decided July 15, 1976.

Attorney(s) appearing for the Case

Henry F. O'Brien, District Attorney (Charles M. Newell of counsel), for appellant.

Alexander J. Chase for respondent.

Louis J. Lefkowitz, Attorney-General (Jules Orenstein, Samuel A. Hirshowitz and Carl Saks of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge BREITEL and Judges GABRIELLI, JONES and COOKE concur with Judge WACHTLER; Judge FUCHSBERG concurs in a separate opinion; Judge JASEN dissents and votes to reverse in another separate opinion.

WACHTLER, J.

On June 5, 1970 the defendant, Ronald Frank Rizzo, was arrested at his residence in Holtsville, New York, and charged with possession for the purpose of sale of 144 cartons of untaxed cigarettes (Tax Law, § 471). The arrest was effected by Officer Mallon, an investigator for the Cigarette Tax Enforcement Unit of the State Department of Taxation and...

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