People v. De Simone

The defendants are charged with a violation of section 481 of the New York State Tax Law. The information alleges that the defendants had, in their possession 16,650 packages of cigarettes without having the State tax stamp affixed thereto. The cigarettes were seized by the police officers at the time the defendants were arrested. The defendants have now moved for an order suppressing the use, upon the trial, of this evidence. The affidavit in opposition to the motion, made by one of the arresting officers, states that a surveillance was commenced of the defendant Burke. It is claimed that…