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PEOPLE v. CAPOLONGO

197 A.D.2d 3 (1994)

The People of the State of New York, Respondent, v. Patsy Capolongo, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 11, 1994

Attorney(s) appearing for the Case

Lanna & Coppola, Yonkers (Kevin P. Gilleece of counsel), for appellant.

Jeanine Pirro, District Attorney of Westchester County, White Plains (John J. Sergi and Richard E. Weill of counsel), for respondent.

THOMPSON, J. P., ROSENBLATT and RITTER, JJ., concur.

MILLER, J.

The critical issue raised on this appeal is whether the People's failure to serve upon the defendant, within 15 days after his arraignment, a copy of a Canadian wiretap warrant and its accompanying application, constitutes a violation of CPL 700.70 such that the evidence derived therefrom must be suppressed at the defendant's trial on charges of criminal possession of gambling records in the first degree...

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