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PEOPLE v. SCIACCA

45 N.Y.2d 122 (1978)

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

Court of Appeals of the State of New York.

Decided June 15, 1978.

Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Eileen Sullivan of counsel), for appellant.

Robert E. Sparrow and Stephen J. Singer for respondent.

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

Chief Judge BREITEL and Judges JONES and COOKE concur with Judge WACHTLER; Judge FUCHSBERG concurs in a separate opinion; Judges JASEN and GABRIELLI, dissent and vote to reverse on the dissenting memorandum by Mr. Justice J. IRWIN SHAPIRO at the Appellate Division (57 AD2d, at pp 848-850).

WACHTLER, J.

The People appeal from an order of the Appellate Division which reversed a judgment convicting defendant of the felony of unlawfully possessing and transporting untaxed cigarettes. The court below suppressed some 3,000 cartons of untaxed cigarettes that the tax investigators had discovered and seized from defendant's van. It was here that the investigators had acted improperly when, in the dead of...

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