People v. Ciaccio

384 N.E.2d 677, 45 N.Y.2d 626, 412 N.Y.S.2d 131, 1978 N.Y. LEXIS 2367
CourtNew York Court of Appeals
DecidedDecember 7, 1978
StatusPublished
Cited by2 cases

This text of 384 N.E.2d 677 (People v. Ciaccio) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Ciaccio, 384 N.E.2d 677, 45 N.Y.2d 626, 412 N.Y.S.2d 131, 1978 N.Y. LEXIS 2367 (N.Y. 1978).

Opinion

OPINION OF THE COURT

Jones, J.

The evidence in the record supports the conclusion reached by the courts below that, after the arrest of two of the four defendants for having hijacked a truck from which they stole cartons of watches, the police had probable cause to search a different white Econoline Ford truck as it stood in a garage on Alabama Avenue in Brooklyn, and that the high probability that the stolen merchandise would then be moved on without delay constituted such exigent circumstances as to justify the warrantless search and the consequent seizure of the stolen watches.

In late March, 1974 detectives attached to the Safe, Loft and Truck Squad of the New York City Police Department, a highly specialized police unit with considerable experience [630]*630and expertise in the investigation of hijackings, commenced surveillance of defendant Ciaccio prompted by his prior association with known members of organized crime. In effectuation of that continuing surveillance, on April 19, 1974 Detectives Hernandez and Lalena tailed defendants Ciaccio, Velez and Cerverizzo from a truck repair garage located at 84 Alabama Avenue in Brooklyn to the vicinity of Kennedy Airport where they were joined by defendant De Sousa. No criminal activity was observed on that occasion.

One week later, on April 25, 1974, Detectives Hernandez and McLaughlin staked out a surveillance at the 84 Alabama Avenue garage at about 10:30 a.m. At 11:00 a.m. they observed all four defendants leave that garage in two cars. Velez and Ciaccio left in a white Pontiac Bonneville, license plate number 905-289; Cerverizzo and De Sousa departed in a tan Chevrolet, license plate number 619 KDH. The detectives followed and were shortly joined by other members of the Safe, Loft and Truck Squad. The officers continued to tail defendants until eventually, at about 12:15 p.m., they lost them.

At 12:35 p.m. James Guirza, a driver for Graf-Air Associates Air Freight Company, while transporting merchandise which he had picked up at Kennedy Airport in his green Ford Econoline van, was forced off the road by a white Pontiac Bonneville. Another car pulled up behind the van. A white male wearing a dark ski mask and brandishing a revolver ordered Guirza into the back seat of the Pontiac. He was then driven around for a period of about 25 minutes and was eventually released unharmed, minus, of course, his van and its cargo. At the time of his release he was able to ascertain the license plate numbers of the white Pontiac: 905-289. He then ran down the block and immediately reported the incident to the police over the telephone.

After losing defendants the two police cars had commenced their return to Brooklyn by different routes. During this return Detective Hernandez, while riding in the car operated by detective Butler, spotted the white Pontiac proceeding in the opposite direction on the Interboro Parkway. The detectives turned around and began following the Pontiac. Shortly thereafter they observed the Pontiac pull up to an intersection and discharge a passenger (later discovered to be James Guirza) who ran down the block. Based on their prior experience with hijacking operations, the detectives knew that this [631]*631passenger was the victim of a truck hijacking. Consequently, the detectives followed the Pontiac for a short distance to a garden apartment complex, where, after a brief struggle, they placed defendants Velez and Ciaccio under arrest.

After unsuccessfully attempting to re-establish contact with defendants, the second police car, containing Sergeant Cunningham and Detectives Lalena and Jacob, returned to the origin of the day’s surveillance, the garage at 84 Alabama Avenue, reaching there about 1:00 p.m. The officers were aware that this garage had been previously used as a "drop” for hijacked merchandise. On arriving Sergeant Cunningham phoned his office while the other detectives watched the garage. Cunningham was then informed that Detective Hernandez had reported that a green truck bearing license plate number 4169 HJ and containing, among other things, cartons of Helbros watches had been hijacked. He was further told that the hijacking victim had been released and that defendants Velez and Ciaccio were in police custody. After completing this telephone conversation Cunningham was then informed by Lalena and Jacob, who had been watching the garage, that at about 1:10 p.m. they had seen a green truck operated by defendant De Sousa with license plate number 4169 HJ arrive at the garage together with the tan Chevrolet that they had been following earlier in the day, operated by defendant Cerverizzo. Cerverizzo parked the Chevrolet on the street, got out of the vehicle and thereafter went into the garage. Subsequently a stranger (who later proved to be Robert Cerverizzo, defendant John Cerverizzo’s brother, but who was not so identified at the time) and another man came out of the building and moved a tractor which had been blocking the entrance to the garage. The stranger then directed the green truck into the garage. After perhaps a 10-minute interval the green truck was driven out of the garage with defendant Cerverizzo at the wheel, followed by a red and white Buick automobile operated by defendant De Sousa.

At this point Sergeant Cunningham and Detectives Lalena and Jacob left their observation post and approached the garage. Detective Jacob remained outside but Officers Cunningham and Lalena entered the garage through the wide-open doors. They observed several mechanics in the rear work area in the garage. The stranger who had guided the movements of the green truck was standing in the center of the garage near a white Ford Econoline truck. Detective Lalena [632]*632walked up to this man and indicated that he wanted to get his car repaired and inquired as to who was in charge. The stranger responded that he was in charge and Lalena then asked him several questions concerning the ownership of the white truck. Thereafter Lalena and Cunningham displayed their shields and walked over to the white truck. Lalena, peering in the window, spotted several cartons. He opened the truck door and found that the cartons bore labels of "Helbros Watches”. Cunningham verified this observation and the stranger was promptly arrested for possession of stolen property and the cartons of watches were seized.

While they were still in the garage, the detectives observed the red and white Buick previously operated by defendant De Sousa pass slowly across the opening of the garage door. The officers ran out to the street and, with weapons drawn, surrounded the Buick, ordered defendant De Sousa and his passenger, defendant Cerverizzo, out of the car and placed them under arrest. While these defendants were standing by the open passenger door of the car, Sergeant Cunningham ordered Detective Lalena to search the car. Lalena thereupon reached into the car and removed from the front seat a pair of brown work gloves and some papers which proved to be air freight bills.

At trial

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Related

People v. Carratu
194 Misc. 2d 595 (New York Supreme Court, 2003)
People v. Ciaccio
387 N.E.2d 622 (New York Court of Appeals, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
384 N.E.2d 677, 45 N.Y.2d 626, 412 N.Y.S.2d 131, 1978 N.Y. LEXIS 2367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ciaccio-ny-1978.