Warrant Thrown Out in Child Porn Case

By WBNG News

Warrant Thrown Out in Child Porn Case

November 27, 2012 Updated Nov 27, 2012 at 2:46 PM EDT

Greene, NY (WBNG Binghamton) A warrant used to convict a man in Chenango County of possessing child pornography is thrown out by New York's highest court.

John Gavazzi of Greene was suspected of receiving and sending child pornography images by email.

In obtaining the warrant, a trooper typed "Local Criminal Court, Town of Broome, Broome County" on the warrant instead of "Town of Greene, Chenango County." There is no Town of Broome in Broome County.

The village justice then signed the warrant without correcting it.

The New York Appeals Court threw out the warrant on grounds that the signature was "illegible", the village court is not named, there was no seal, and the caption typed by the trooper refers to non-existent town.

Of the six judges ruling on the case, one judge dissented.