People v. 27 Barrels of Wine

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.