People v. Hall

New York Supreme Court

People v. Hall

89 Misc. 2d 836, 393 N.Y.S.2d 143, 1977 N.Y. Misc. LEXIS 1951

CourtNew York Supreme Court

DecidedFebruary 7, 1977

StatusPublished

Cited by1 cases

This text of 89 Misc. 2d 836 (People v. Hall) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Hall, 89 Misc. 2d 836, 393 N.Y.S.2d 143, 1977 N.Y. Misc. LEXIS 1951 (N.Y. Super. Ct. 1977).

Pincite

Opinion

Memorandum. Judgments of conviction unanimously reversed on the law and facts and a new trial ordered.

In light of the concession of the People, and after reviewing the record on appeal, we are of the opinion that the absence of judicial supervision in unsealing the tapes of the recorded conversations before the Grand Jury rendered said tapes inadmissible in evidence (People v Sher, 38 NY2d 600, 603-605). We also find that the procedure then in use to preserve [837]*837the sanctity and integrity of the tapes was grossly inadequate in that no log was kept as to the movement of the tapes and that the tapes themselves were not sealed in such a way so that a breaking of the seal could be detected.

Concur — Farley, P.J., Pittoni and Silberman, JJ.

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Memorandum. Judgments of conviction unanimously reversed on the law and facts and a new trial ordered.

In light of the concession of the People, and after reviewing the record on appeal, we are of the opinion that the absence of judicial supervision in unsealing the tapes of the recorded conversations before the Grand Jury rendered said tapes inadmissible in evidence (People v Sher, 38 NY2d 600, 603-605). We also find that the procedure then in use to preserve [837]*837the sanctity and integrity of the tapes was grossly inadequate in that no log was kept as to the movement of the tapes and that the tapes themselves were not sealed in such a way so that a breaking of the seal could be detected.

Concur — Farley, P.J., Pittoni and Silberman, JJ.

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Bluebook (online)

89 Misc. 2d 836, 393 N.Y.S.2d 143, 1977 N.Y. Misc. LEXIS 1951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hall-nysupct-1977.

Opinion

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