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PEOPLE v. McDONNELL

18 N.Y.2d 509 (1966)

The People of the State of New York, Respondent, v. James McDonnell, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1966.

Attorney(s) appearing for the Case

Anthony F. Correri and Henry W. Schober for appellant.

William Cahn, District Attorney (Henry P. De Vine of counsel), for respondent.

Chief Judge DESMOND and Judges VAN VOORHIS, BURKE and BERGAN concur with Judge FULD; Judge KEATING dissents and votes to affirm in an opinion in which Judge SCILEPPI concurs.

FULD, J.

There can be no doubt, as we recently had occasion to observe, that in the case of eavesdropping orders, "as in the case of search warrants, there is a significant need for an adequate factual basis on which the Judge will be able to decide whether or not the order or warrant will issue." (People v. McCall, 17 N.Y.2d 152, 159.) However, before considering the...

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