MTR OF B. T. PRODS. v. BARR


44 N.Y.2d 226 (1978)

In the Matter of B. T. Productions, Inc., Doing Business as Town & Country Dinner Theatre, et al., Respondents, v. Culver K. Barr, as Judge of the Monroe County Court, et al., Appellants.

Court of Appeals of the State of New York.

Decided April 6, 1978.


Attorney(s) appearing for the Case

Maxwell B. Spoont, Acting Deputy Attorney-General (James H. Sweeny of counsel), for appellants.

Norman A. Palmiere for respondents.

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


GABRIELLI, J.

In August, 1976, pursuant to a search warrant issued by Monroe County Court Judge CULVER BARR, agents of the New York State Organized Crime Task Force (Task Force) entered into petitioners' business premises and seized the bulk of all their business records for the previous two years. Today, almost two years later, the Task Force still has those records...

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