Commonwealth v. Gentile

WIEAND, Judge:

Antonio Gentile was tried non-jury and was found guilty of unlawful gambling and criminal conspiracy.1 Post-trial motions were denied, and Gentile was sentenced to pay a fíne of five thousand ($5,000.00) dollars and serve an aggregate term of probation for two and one-half (2]é) years. On direct appeal from the judgment of sentence, Gentile asserts that the suppression court erred by refusing to suppress evidence seized by police in a search conducted during nighttime hours, when the warrant authorizing the search, by its terms, authorized only a daytime search. After careful…