People v. Rodriguez y Paz

109 Misc. 2d 832, 441 N.Y.S.2d 183, 1981 N.Y. Misc. LEXIS 2482
CourtNew York Supreme Court
DecidedJuly 6, 1981
StatusPublished
Cited by2 cases

This text of 109 Misc. 2d 832 (People v. Rodriguez y Paz) 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. Rodriguez y Paz, 109 Misc. 2d 832, 441 N.Y.S.2d 183, 1981 N.Y. Misc. LEXIS 2482 (N.Y. Super. Ct. 1981).

Opinion

OPINION OF THE COURT

Shirley R. Levittan, J.

The principal legal issue raised on this motion to suppress evidence obtained pursuant to an eavesdropping warrant is whether Justice George Roberts, an Acting Supreme Court Justice sitting in a Centralized Special Narcotics Part of the Supreme Court located in one judicial district, has the authority to issue an eavesdropping warrant which is to be executed in another judicial district. An ancillary issue raised on this motion is whether the New York County District Attorney had the authority to apply for an eavesdropping warrant that was to be executed in a different judicial district. The court holds that Justice [833]*833George Roberts was empowered to issue the warrant and that such authority was necessary for the “coordinated prosecution” of narcotics offenses in the Special Narcotics Parts of the Supreme Court which were specifically established in response to the finding by our Legislature that an “emergency of grave dimensions exists in narcotics law enforcement” in New York City (Judiciary Law, § 177-a). The court also holds that the New York County District Attorney had the authority to apply for the eavesdropping warrant that is challenged in this case. For the reasons set forth below, defendants’ motion to suppress evidence obtained pursuant to the eavesdropping warrant is in all respects denied.

Defendant Pedro Luis Rodriguez y Paz (Paz) is variously charged under Indictment Nos. SN3153/80 and SN3158/80 with the crimes of conspiracy in the second degree, criminal sale of a controlled substance in the first degree, criminal possession of a controlled substance in the second, third and seventh degrees, as well as other offenses involving the criminal use of drug paraphernalia and a hypodermic instrument. Both indictments also allege three counts of criminal possession of a weapon in the fourth degree. Arturo Martinez and Daniel Gonzalez, as well as other individuals, are charged under Indictment No. SN3155/80 with the crime of conspiracy in the second degree. Defendants Martinez and Gonzalez have adopted the instant motion by defendant Paz to suppress eavesdropping evidence upon which the respective conspiracy charges are founded.

On May 12, 1980 an eavesdropping warrant was issued by Justice George Roberts in New York County, upon the application of New York County District Attorney Robert M. Morgenthau. The warrant authorized the interception of telephonic communications of defendant Paz and one Victor Perez over a telephone listed to Estanislao Diaz, and located inside apartment 26W at North Shore Towers, Building One, 271-26 Grand Central Parkway in Queens County.

The defendants argue that Justice George Roberts did not have the authority to issue the eavesdropping warrant. The essence of this argument is that the New York wire[834]*834tapping statute (CPL art 700) which is reflective of controlling Federal law (US Code, tit 18, §2510 et seq.), defines the term “justice” to mean “any justice of the supreme court of the judicial district in which the eavesdropping warrant is to be executed” (CPL 700.05, subd 4). Counsel states that because Justice George Roberts was sitting in a Special Narcotics Part of the Supreme Court in the First Judicial District when he issued a warrant that was to be executed in Queens County in the Eleventh Judicial District, the warrant was jurisdictionally defective because it was issued by a Justice who was not “of the judicial district in which the *** warrant [was] to be executed” in contravention of CPL 700.05 (subd 4). Since the warrant was “jurisdictionally defective,” it is defendants’ position that any evidence derived pursuant to it must be suppressed. Further to support their position defendants argue that article 5-B of the Judiciary Law (§ 177-a et seq.) which establishes the Centralized Special Narcotics Parts of the Supreme Court does not expressly grant a Justice assigned to those parts the power to issue an eavesdropping warrant that is to be executed outside of the judicial district in which he is sitting.

The People vigorously refute the defendants’ argument that Justice Roberts lacked the authority to sign an eavesdropping warrant that was to be executed in the Eleventh Judicial District. The People argue that article 5-B of the Judiciary Law does not itself provide for the substantive grant of jurisdiction to the Judges sitting in the Centralized Special Narcotics Parts. Instead, the jurisdiction of these Judges emanates from the State Constitution, which authorizes the temporary assignment of a Supreme Court Justice to a Supreme Court in any judicial district (NY Const, art VI, §26, subd a). The essence of the People’s argument is that since the special narcotics courts are endowed with five-county, city-wide jurisdiction, the Justices temporarily assigned to these parts pursuant to the procedures set forth in article VI of the State Constitution acquire the powers and jurisdiction of a Judge sitting in each of New York City’s three judicial districts. Because a Judge sitting in a Special Narcotics Part in one county is constitutionally empowered to hear narcotics cases ema[835]*835nating from any of the city’s five counties, the People argue that Justice George Roberts was authorized to sign the eavesdropping warrant as a Justice “of the judicial district in which the * * * warrant [was] executed” within the meaning of CPL 700.05 (subd 4).

The “crisis” in narcotics law enforcement in New York City was described by our Legislature as an “emergency of grave dimensions” which transcends traditional jurisdictional boundaries and demands co-ordinated prosecution through an emergency narcotics court program (Judiciary Law, § 177-a). In response to the problem, Special Centralized Narcotics Parts of the Supreme Court were established under article 5-B of the Judiciary Law to hear and determine narcotics indictments assigned to them from any part of the Supreme Court in any county within cities having a population of one million or more (Judiciary Law, §§ 177-a, 177-b, subd 1). The effect of this legislation is to combine the five counties of New York City into a single unit for the purpose of prosecuting narcotics indictments (People v Taylor, 39 NY2d 649).

In light of the legislative findings concerning the “crisis” in narcotics law enforcement and the resultant creation of the centralized special narcotics courts with city-wide jurisdiction, this court cannot accept defendants’ invitation to rule that Justice Roberts lacked the power to issue an eavesdropping warrant authorizing the interception of telephonic communications outside the judicial district in which he was sitting.

The defendants’ position appears to be predicated upon a narrow interpretation of CPL 700.05 (subd 4). It also reflects an unduly restrictive view of article 5-B of the Judiciary Law which consolidated the five counties within New York City into a single unit for the purpose of prosecuting narcotics indictments in the centralized special narcotics courts.

The court is of the opinion that the phrase “of the judicial department in which the eavesdropping warrant is to be executed” as it is used in CPL 700.05 (subd 4), should be liberally construed so that the Centralized Special Narcotics Parts can most effectively hear and determine [836]*836narcotic indictments assigned to them from each of New York City’s five counties (Judiciary Law, § 177-b).

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Related

People v. Rodriguez y Paz
448 N.E.2d 102 (New York Court of Appeals, 1983)
United States v. Lilla
534 F. Supp. 1247 (N.D. New York, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
109 Misc. 2d 832, 441 N.Y.S.2d 183, 1981 N.Y. Misc. LEXIS 2482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rodriguez-y-paz-nysupct-1981.