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PEOPLE v. MACHLOVITZ

57 Misc.2d 912 (1968)

The People of the State of New York, Respondent, v. Ellis Machlovitz and Philip Inzerillo, Appellants.

Supreme Court, Appellate Term, Second Department.

September 6, 1968

Attorney(s) appearing for the Case

Gustave H. Newman and Matthew Russo for appellants. William Cahn, District Attorney (George D. Levine of counsel), for respondent.

Concur — HOGAN, P. J., GLICKMAN and PITTONI, JJ.

Per Curiam.

The People having failed to establish the reliability of the informant, probable cause for the issuance of the wiretap order was lacking and the evidence obtained from this source was inadmissible (People v. Kaiser, 21 N.Y.2d 86; People v. Horowitz, 21 N.Y.2d 55; People v. McCall, 17 N.Y.2d 152...

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