Thursday, July 24, 2014

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Elmira/Corning

Error invalidates warrant against Chenango County man

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CHENANGO COUNTY, N.Y. -- A warrant used to convict a Chenango County man on child porn charges has been thrown out in New York's highest court.

The reason was a town that doesn't exist was written on it and the signature wasn't legible.

The Court of Appeals ruled that the evidence found against John Gavazzi of Greene could not be used in court, mainly because the warrant failed to identify the court that issued it.

On the warrant, a trooper typed "Local Criminal Court, Town of Broome, Broome County." The Town of Broome is actually in Schoharie County.

Five judges agreed that the requirement protects constitutional rights, while one judge says that it is simply a formality and sloppiness doesn't endanger anyone's liberty.

10.11.12.245 ClientIP: 54.83.230.137, 23.62.6.207 UserAgent: CCBot/2.0 (http://commoncrawl.org/faq/) Profile: TWCSAMLSP