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People v. 27 Barrels of Wine
206 A.D. 651
N.Y. App. Div.
1923
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Judgment and order reversed upon the facts and the law and property ordered returned to claimant for the following reasons: The search warrant was void because the petition on which it was granted was insufficient to show violation of the statute. * (Matter of Liquors Seized at Auto Inn, Plattsburgh, 204 App. Div. 185; Daily Record, March 8,1923 †). The jurisdictional procedure following seizure without a warrant as provided in section 802-b, subdivision 6, of the Code of Criminal Procedure,‡ as construed in People v. Diamond (233 N. Y. 130), was not followed in respect to the officer’s *652return and in respect to the notice to show cause. All concur; Davis, J., not sitting.

See Penal Law, art. 113, as added by Laws of 1921, chap. 155, known as the State Prohibition Act. See, also, footnote, ante, p. 648.— [Rep.

See Matter of Liquors of John Doe at 118 Moffatt St., Dunkirk, ante, p. 647.—[Rep.

Added by Laws of 1921, chap. 156, known as the State Prohibition Enforcement Act. See, also, footnote, ante, p. 648.— [Rep.

Case Details

Case Name: People v. 27 Barrels of Wine
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 15, 1923
Citation: 206 A.D. 651
Court Abbreviation: N.Y. App. Div.
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