People v. Vespucci

144 A.D.2d 48, 536 N.Y.S.2d 487, 1988 N.Y. App. Div. LEXIS 13822
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 30, 1988
StatusPublished
Cited by12 cases

This text of 144 A.D.2d 48 (People v. Vespucci) 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. Vespucci, 144 A.D.2d 48, 536 N.Y.S.2d 487, 1988 N.Y. App. Div. LEXIS 13822 (N.Y. Ct. App. 1988).

Opinion

OPINION OF THE COURT

Hooper, J.

The principal issue to be resolved on appeal is whether the Director of the New York State Organized Crime Task Force has been permissibly empowered, in light of controlling Federal law, to apply for eavesdropping warrants pursuant to CPL 700.05 (5). For the reasons that follow, we conclude that he is empowered to do so, and affirm the judgments of conviction appealed from.

I

The convictions from which the defendants appeal represent the culmination of a lengthy investigation by the New York State Organized Crime Task Force (hereinafter the Task Force) into organized crime and corruption in the refuse collection industry in Nassau and Suffolk Counties. The principal investigative tools employed by the Task Force in securing evidence against the defendants, were eavesdropping warrants obtained upon applications executed by the Task Force Director, Ronald Goldstock, pursuant to authorization issued by Attorney-General Robert Abrams. After the completion of the investigation, the defendants were charged with a variety of [51]*51crimes in several indictments. The County Court denied suppression of the conversations intercepted pursuant to the court-authorized eavesdropping warrants.

On appeal, the defendants contend, inter alia, that CPL 700.05 (5),1 which confers wiretap applicant status upon the Director of the Task Force, is fatally inconsistent with the definitional provisions of, and underlying policy objectives sought to be achieved by, title III of the Omnibus Crime Control and Safe Streets Act of 1968 (18 USC §§ 2510-2520). They argue that the Federal statutory scheme, pursuant to which the "principal prosecuting attorney” of a State or a political subdivision thereof may apply for a wiretap warrant (see, 18 USC § 2516 [2]), was intended to limit the class of eavesdropping applicants to officials who are "politically accountable”, and that the Director of the Task Force is neither a "principal prosecuting attorney” nor a politically accountable official within the meaning of the Federal statute. We disagree.

II

Title III of the Omnibus Crime Control and Safe Streets Act of 1968, which constitutes the first comprehensive Federal legislation regulating electronic surveillance, prohibits — with limited exceptions — wiretapping and electronic surveillance unless accomplished pursuant to a court order requested by an authorized Federal or State law enforcement officer in connection with specified offenses (see, United States v Giordano, 416 US 505, 507; United States v Chavez, 416 US 562; see generally, Note, Wiretapping and Electronic Surveillance — Title III of the Crime Control Act of 1968, 23 Rutgers L Rev 319). In enacting title III, Congress "relied upon the broadest reach of its commerce clause powers, in large part to impose upon the States the minimum constitutional criteria for electronic surveillance legislation mandated by Berger v New York (388 US 41) and Katz v United States (389 US 347)” (see, People v Shapiro, 50 NY2d 747, 762-763). Although title III "recognizes [52]*52that a State is free to either adopt procedures and standards more restrictive than those imposed by the Federal act or, if it desires, to prohibit wiretapping within its borders altogether * * * under pre-emption principles, any State law drawn more broadly than title 3’s standards runs afoul of the supremacy clause (US Const, art VI, cl 2; see Tribe, American Constitutional Law, p 379)” (see, People v Shapiro, supra, at 763; see also, People v Principe, 65 NY2d 33, 36). The avowed legislative objective sought to be achieved through enactment of title III was the combatting of organized crime, in respect to which the framers expressly characterized authorized electronic surveillance as an "indispensable” investigative tool (S Rep No. 1097, 90th Cong, 2d Sess, 1968, reprinted in 1968 US Code, Cong & Admin News 2112, 2161; hereinafter Senate Report). Although deeply concerned with the pervasive growth of organized crime (Senate Report, at 2154), the framers were equally intent upon "protecting] the privacy of wire and oral communications by confining State authorization for eavesdropping by wiretap to what in Congress’ view are appropriate and compelling circumstances” (People v Shapiro, supra, at 763). Reflecting this concern is the Senate Report’s recounting of the "dual purpose” of title III as: "(1) protecting the privacy of wire and oral communications, and (2) delineating on a uniform basis the circumstances and conditions under which the interception of wire and oral communications may be authorized” (Senate Report, at 2153). Commenting upon the paucity of State legislation in the area of wiretapping and the resultant lack of uniformity, the framers of title III recognized the need — through uniform Federal legislation — to provide guidance and supervision to State and Federal law enforcement officers (Senate Report, at 2156).

As prescribed by the enabling provisions of the Federal statutory scheme, a State is empowered to legislatively designate specified officials as wiretap applicants, provided that the designation comports with the restrictive parameters imposed by 18 USC § 2516 (2).2 Cognizant, however, of the disparity in

[53]*53nomenclature employed by the various States in describing their law enforcement personnel, the framers of title III eschewed as impractical, any attempt to catalogue by name the State officials in whom the authority to make applications could be permissibly vested (see, United States v Lanza, 341 F Supp 405, 410; State v Daniels, 389 So 2d 631, 635 [Fla]). Instead, the framers implemented their intent to circumscribe the class of wiretap applicants by providing, in 18 USC § 2516 (2), that "[t]he principal prosecuting attorney of any State, or * * * political subdivision thereof * * * may apply [for an eavesdropping warrant]”. The legislative history pertinent to 18 USC § 2516 (2) is instructive, inasmuch as it counsels against a procrustean application of the term "principal prosecuting attorney”, noting that, "[t]he important question * * * is not name but function” and advising that State law was to govern with respect to identity of an official as a "principal prosecuting attorney” (Senate Report, at 2187). The Senate Report further discloses that the legislative purpose in limiting wiretap applicants to "principal prosecuting attorneys” was to "provide for the centralization of policy relating to statewide law enforcement” (Senate Report, at 2187) with respect to wiretapping by placing the "power to seek electronic surveillance orders * * * with some central, responsible authority in order to guard against violations of personal rights protected by the fourth and fourteenth amendments” (State v Daniels, supra, at 635; Senate Report, at 2187; see, United States v Giordano, 416 US 505, supra).

III

When viewed within the context of the foregoing congressional objectives, and guided by the precept that function, not name is the governing criterion (Senate Report, at 2187; Commonwealth v Vitello, 367 Mass 224, 327 NE2d 819; United States v Domme, 753 F2d 950, 956, cf., State v Chiarizio, 8 Conn App 673, 514 A2d 370, 379), it is our conclusion that the [54]

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144 A.D.2d 48, 536 N.Y.S.2d 487, 1988 N.Y. App. Div. LEXIS 13822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vespucci-nyappdiv-1988.