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People v. Weiss

401 N.E.2d 901, 48 N.Y.2d 988, 425 N.Y.S.2d 543, 1980 N.Y. LEXIS 2044
CourtNew York Court of Appeals
DecidedJanuary 3, 1980
StatusPublished
Cited by12 cases

This text of 401 N.E.2d 901 (People v. Weiss) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Weiss, 401 N.E.2d 901, 48 N.Y.2d 988, 425 N.Y.S.2d 543, 1980 N.Y. LEXIS 2044 (N.Y. 1980).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The Appellate Division correctly determined that CPL 700.50 (subd 2) requires that recordings made pursuant to an eavesdropping warrant be sealed at the expiration of the warrant and at the close of each extension thereafter granted (People v Washington, 46 NY2d 116, 122-123). The People, having offered no satisfactory explanation for the untoward delay in sealing both sets of tapes, must now suffer the consequences of suppression. Failure to timely seal renders inadmissible both the tapes and any evidence seized pursuant to a search warrant issued after the obligation to seal arose based on information gleaned from the tapes. Evidence acquired pursuant to a warrant obtained prior to the time when sealing was required would not be so precluded.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

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Cite This Page — Counsel Stack

Bluebook (online)
401 N.E.2d 901, 48 N.Y.2d 988, 425 N.Y.S.2d 543, 1980 N.Y. LEXIS 2044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-weiss-ny-1980.