Legal Opinion

People v. Cioffi

New York Supreme Court

Decided March 7, 1975PublishedCited by 2 opinions

1Opinion of the CourtM. Michael Potoker, J.

Defendant, charged with the crime of possession of cigarettes for the purpose of sale for which no New York State tax was paid (Tax Law, § 471, § 481, subd. 2), *2moves to suppress a warrantless seizure of 1,700 cartons of untaxed cigarettes from his business establishment.

The facts adduced at the pretrial hearing are undisputed. At 12:00 noon on June 28, 1973, George Kydd, an investigator for the New York State Tax Department, Special Investigation Bureau, after receiving certain information from his superiors and accompanied by a fellow officer, went to premises located at 233 Fifth Avenue in…

2Cases cited19 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  3. Coolidge v. New HampshireSupreme Court of the United States · 1971
  4. Chambers v. MaroneySupreme Court of the United States · 1970
  5. Boyd v. United StatesSupreme Court of the United States · 1886

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3Cited by2 opinions

  1. People v. CioffiAppellate Division of the Supreme Court of the State of New York · 1976
  2. People v. BarrettJustice Court of Tonawanda · 1976

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