People v. Seney

Appellate Division of the Supreme Court of New York

People v. Seney

42 A.D.2d 575, 344 N.Y.S.2d 1001, 1973 N.Y. App. Div. LEXIS 4263

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 4, 1973

StatusPublished

This text of 42 A.D.2d 575 (People v. Seney) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Seney, 42 A.D.2d 575, 344 N.Y.S.2d 1001, 1973 N.Y. App. Div. LEXIS 4263 (N.Y. Ct. App. 1973).

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Opinion

Appeal by the People from an order of the County Court, Rockland County, dated Hovember 30, 1972, which granted defendants’ motion pursuant to CPL 710.20 to suppress the use in evidence upon the trial of any intercepted telephone conversations of defendants and any physical evidence obtained by the People as a result thereof. Order reversed, on the law and the facts, and motion denied. We are of the opinion that the eavesdropping warrant was issued upon probable cause, which is to be found in the affidavit of investigator Whelan (see Brinegar v. United States, 338 U. S. 160, 173). Latham, Acting P. J., Gulotta, Brennan and Benjamin, JJ., concur; Shapiro, J., dissents and votes to affirm on the opinion of Judge Gallucci in the County Court.

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Appeal by the People from an order of the County Court, Rockland County, dated Hovember 30, 1972, which granted defendants’ motion pursuant to CPL 710.20 to suppress the use in evidence upon the trial of any intercepted telephone conversations of defendants and any physical evidence obtained by the People as a result thereof. Order reversed, on the law and the facts, and motion denied. We are of the opinion that the eavesdropping warrant was issued upon probable cause, which is to be found in the affidavit of investigator Whelan (see Brinegar v. United States, 338 U. S. 160, 173). Latham, Acting P. J., Gulotta, Brennan and Benjamin, JJ., concur; Shapiro, J., dissents and votes to affirm on the opinion of Judge Gallucci in the County Court.

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Bluebook (online)

42 A.D.2d 575, 344 N.Y.S.2d 1001, 1973 N.Y. App. Div. LEXIS 4263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-seney-nyappdiv-1973.

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