People v. Sciacca

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered January 28, 1976, convicting him of possession or transportation for the purpose of sale of unstamped or unlawfully stamped packages of cigarettes, as a felony, and imposing sentence. The appeal brings up for review the denial, after a hearing, of defendant’s motion to suppress certain physical evidence. Judgment reversed, on the law, motion granted, and indictment dismissed. Unfortunately, this is again a case where, through an improper search and seizure by tax investigators pursuant to a valid but…