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DANNY SOGLIUZZO v. STATE TAX DEPARTMENT STATE NEW YORK ET AL. (10/17/68)

decided: October 17, 1968.

DANNY SOGLIUZZO, APPELLANT,
v.
STATE TAX DEPARTMENT OF THE STATE OF NEW YORK ET AL., RESPONDENTS; DANNY SOGLIUZZO, APPELLANT, V. CITY OF NEW YORK ET AL., RESPONDENTS



Motion for leave to appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered September 12, 1968, which dismissed an appeal from an order of the Supreme Court (Hyman Barshay, J.), entered in Kings County, which, following reargument, adhered to a prior decision of said court denying a motion by appellant for an order, pursuant to section 813-c of the Code of Criminal Procedure, suppressing the use of certain evidence allegedly illegally seized from him. The Supreme Court had denied the motion to suppress upon the ground that no criminal prosecution against appellant could reasonably be anticipated. [See, also, 21 N.Y.2d 988.]

Motion dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.

Disposition

Motion dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.

19681017

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