Appellate Division of the Supreme Court of the State of New York January 13, 1922 (People v. Diamond)

Page, J.:

On June 23, 1921, a police officer entered the premises of Emanuel Ritsos, and without a warrant made a search and seized forty-four barrels filled with wine and two partly filled. *499The forty-six barrels were placed in the custody of the property clerk of the police department of the city of New York, and there remain.