Legal Opinion

People v. Wicka

New York County Courts

Decided December 15, 1921PublishedCited by 5 opinions

Motion to set aside a search warrant and to dismiss indictment.

1Opinion of the CourtNoonan, J.

The defendant has been indicted for violating section 1212, subdivision 2, of the Penal Law, unlawfully possessing eider containing more than one-*366half of one per cent of alcohol by volume. The sole evidence to sustain the indictment was procured as follows: On July 21, 1921, a search warrant was issued by me under the provisions of section 802-b of the Code of Criminal Procedure. For the purpose of this motion it is conceded that the information for the warrant was sufficient; that the warrant was regular on its face; that a copy was duly served upon the defendant when the search was made on…

2Cases cited10 opinions

  1. Twining v. New JerseySupreme Court of the United States · 1908
  2. People v. AdamsNew York Court of Appeals · 1903
  3. People Ex Rel. Robert Simpson Co. v. KempnerNew York Court of Appeals · 1913
  4. People v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1917
  5. Clement v. Two Barrels of WhiskeyAppellate Division of the Supreme Court of the State of New York · 1910

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Denton v. StateCourt of Criminal Appeals of Oklahoma · 1937
  2. Allen v. Trueman, Judge of Second Judicial Dist.Utah Supreme Court · 1941
  3. People v. ContiNew York Supreme Court · 1926
  4. People v. 3 100 Gallon Stills, New York County Courts1922
  5. People v. 3 100-Gallon Stills, New York County Courts1922

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