PEOPLE v. DI PIETRO


127 Misc.2d 928 (1984)

The People of the State of New York, Plaintiff, v. Martin Di Pietro, Defendant.

City Court of Buffalo.

November 27, 1984


Attorney(s) appearing for the Case

Robert Graff for plaintiff. John W. Condon and Robert G. Walsh for defendant.


WILBUR P. TRAMMELL, J.

As far as this court is concerned, this is a first impression case.

The defendant contends that the "Bulldozer" games seized from his trailer by the Buffalo Police must be suppressed on the grounds that said seizure was violative of his rights under US Constitution 4th Amendment and under NY Constitution, article I, § 12.

In order to address the constitutionality of the seizure, the threshold determination which...

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