Summary
In People v Ferrazzano (52 A.D.2d 629), an investigator from the New York State Department of Taxation and Finance testified that on the basis of information received from his office, allegedly originating from a detective, he went to 572 East 80th Street, in Kings County, to investigate information that untaxed cigarettes and fireworks were being sold at those premises.
Summary of this case from People v. GrandeOpinion
April 19, 1976
Appeal by the People from an order of the Supreme Court, Kings County, dated November 12, 1975, which, after a hearing, granted the branch of defendants' motion which sought to suppress physical evidence. Order affirmed. We agree with the trial court's conclusion that, on the facts found by it, the observations of the investigator, acting on the basis of information received anonymously by someone in his office 10 days before, did not have probable cause to seize the packages (see People v Vassallo, 46 A.D.2d 781; People v Bruno, 45 A.D.2d 1025; People v Rizzo, 47 A.D.2d 468; People v Pepitone, 48 A.D.2d 135). Martuscello, Acting P.J., Rabin, Shapiro, Titone and Hawkins, JJ., concur.