People v. LePera

OPINION OF THE COURT

Green, J.

After a jury trial, defendant was convicted of possession of gambling records in the first degree (Penal Law § 225.20 [1]). The records had been seized and photocopied by an agent of the United States Customs Service during a border search. Defendant contends that the warrantless seizure was illegal and that his motion to suppress the photocopies of the gambling records should have been granted.

The sole witness at the suppression hearing was the Customs inspector who seized the records. On July 8, 1985, the inspector was working at the Rainbow Bridge in Niagara…