People v. Diamond
Appellate Division of the Supreme Court of the State of New York
Appeal by Emanuel Ritsos from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of September, 1921, denying defendant’s motion to compel the property clerk of the police department of New York city to return to him forty-six barrels of wine.
1Opinion of the Court
Page, J.:
On June 23, 1921, a police officer entered the premises of Emanuel Ritsos, and without a warrant made a search and seized forty-four barrels filled with wine and two partly filled. *499The forty-six barrels were placed in the custody of the property clerk of the police department of the city of New York, and there remain. Peter Diamond, who was in charge of the premises during Ritsos’ absence, was arrested charged with a violation of the Penal Law, article 113, as added by chapter 155 of the Laws of 1921, commonly known as the State Prohibition Law. The charge against Diamond was…
2Cases cited1 opinion
- In re the Search for & Seizure of LiquorsAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by3 opinions
- People v. 3 100 Gallon Stills, New York County Courts1922
- People v. 3 100-Gallon Stills, New York County Courts1922
- People v. DiamondAppellate Division of the Supreme Court of the State of New York · 1922