Warrant issues may set legal precendent in child porn case

NORWICH – Public Defender Alan Gordon raised issue last week with a search warrant that allowed state police to seize his client’s computer, including alleged images of child pornography. He says officers made a critical error on the form.

Gordon stood before Chenango County Court Judge W. Howard Sullivan to have the warrant dismissed, which he explained would throw out all the physical evidence in the case.



John M. Gavazzi, 47, Greene, was arrested June 25 following an investigation by the technical arm of the New York State Police into child pornography Internet trafficking.

Gavazzi originally pleaded guilty to promoting child pornography, a Class D felony, and possession of child pornography, an E felony, on July 20, but later had his guilty plea vacated by Supreme Court Judge Kevin M. Dowd.

On Nov. 23, Gavazzi attended a proceeding to withdraw his plea in which he claimed his previous attorney, Craig Fritzsch of Binghamton, failed to notify him of his rights and failed to explain the crimes he was being pressured to plead guilty to. Following the ruling, Gavazzi was assigned to the public defender’s office. Dowd said he didn’t find fault in Gavazzi’s attorney, but vacated the ruling in the “best interest of justice.”

“Mr. Gavazzi is somewhat of a simple man in the sense he is like a lot of other good and productive people in our society that don’t really grasp the justice system. He told the court he pleaded guilty to crimes, but didn’t actually understand what he was admitting to,” said Gordon.


There's more to this story! You're only seeing 28% of the story. Subscribe now to get immediate access to the rest of the story as well as our whole online offering.

Today's Other Stories



© 2014 Snyder Communications/The Evening Sun
29 Lackawanna Avenue, Norwich, NY 13815 - (607) 334-3276
We're on Facebook