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PEOPLE v. MENDEZ

28 A.D.2d 727 (1967)

The People of the State of New York, Respondent, v. America Mendez, Appellant

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

June 26, 1967

The action is remitted to the trial court for a hearing and a determination, with specific findings, as to whether the Judge to whom the application for an eavesdropping order was made had reasonable grounds to issue it. In the interim, the appeals will be held in abeyance. The procedure prescribed in People v. Mullgrav (23 A.D.2d 855, 856) should be followed. In our opinion, it was error for the court at the hearing on the motion...

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