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UNITED STATES v. ZUCCO

No. 187, Docket 82-1143.

694 F.2d 44 (1982)

UNITED STATES of America, Appellant, v. Anthony ZUCCO, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 24, 1982.

Attorney(s) appearing for the Case

Kathleen M. Mehltretter, Asst. U.S. Atty., W.D.N.Y., Buffalo, N.Y. (Salvatore R. Martoche, U.S. Atty., W.D.N.Y., Buffalo, N.Y., of counsel), for appellant U.S.A.

John J. Mattio, Niagara Falls, N.Y., for appellee Zucco.

Before MESKILL, PIERCE and FAIRCHILD, Circuit Judges.

MESKILL, Circuit Judge:

On March 17, 1980 an Acting Justice of the New York Supreme Court (state judge) issued a warrant to search a vehicle which had been stopped by the New York State Police as it travelled south on the New York State Thruway. Armed with the warrant, the police recovered from the automobile four handguns, two rifles, and one shotgun. The driver, appellee Anthony Zucco, was subsequently charged with seven counts of unlawful possession and transportation...

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