PEOPLE v. SCIACCA


57 A.D.2d 846 (1977)

The People of the State of New York, Respondent, v. John Sciacca, Appellant

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

May 2, 1977


Judgment reversed, on the law, motion granted, and indictment dismissed.

Unfortunately, this is again a case where, through an improper search and seizure by tax investigators pursuant to a valid but insufficient warrant, we are constrained to free a defendant who took part in a scheme to sell cigarettes without tax stamps. The facts of this case are set forth at length in the dissenting memorandum. Inasmuch as the evidence at trial shows the defendant's undoubted...

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