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PEOPLE v. McCALL

17 N.Y.2d 152 (1966)

The People of the State of New York, Respondent, v. Burnie McCall, John Lewis English and Edward Pete Corley, Appellants.

Court of Appeals of the State of New York.

Decided March 24, 1966.

Attorney(s) appearing for the Case

Leonard F. Walentynowicz for Edward Pete Corley, appellant. Vincent E. Doyle, Jr., for Burnie McCall and John Lewis English, appellants.

Francis R. Moran, District Attorney (Lucien Ali of counsel), for respondent.

Judges VAN VOORHIS, BURKE, SCILEPPI and KEATING concur with Judge BERGAN; Chief Judge DESMOND and Judge FULD concur in separate opinions.

BERGAN, J.

On affidavits showing inferences and not facts, the People obtained judicial orders permitting eavesdropping on telephones. All three defendants have been convicted of conspiracy as a felony under section 580-a of the Penal Law in its reference to narcotic drugs, based on 55 specified overt acts.

A substantial part of the overt acts which themselves made out the crime of conspiracy consisted...

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