People v. Buys

Judgment convicting the defendant of violating subdivision (1) of section 314 of the Conservation Law is reversed, the information is dismissed, and the fine is remitted.

*155The delectable bivalve, venus mercenaria, beloved of the gourmet, paragon of taciturnity and reputed possessor of magic powers unfortunately mythical, herein is wrested from its watery haunts to confront in silent challenge the constitutional safeguards against unreasonable search and seizure.

Two conservation officers were the only witnesses at the trial of the defendant. One testified that he “ was checking clam boats ” on…