People v. Gambino

Memorandum. Order reversed and the indictment dismissed. The certificate of release executed by the defendant, a parolee, provided, inter alia, that he would not purchase, own or possess firearms of any nature, and that he consented to a search by representatives of the Board of Parole at any time, of his person, residence, or any property or premises under his control. Search of an apartment at No. 576 Madison Avenue resulted in the finding of a revolver and some ammunition. Testimony at the hearing on the motion to suppress revealed that the apartment was rented to one Warner and that…