PEOPLE v. RISPOLE


34 A.D.2d 663 (1970)

The People of the State of New York, Respondent, v. Peter Rispole, Appellant

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

April 13, 1970


Judgment reversed, on the law, and new trial ordered.

At the trial, evidence was admitted which had been obtained as a result of a wiretap carried out pursuant to an eavesdropping order. The factual content of the affidavits submitted in support of the order merely recited that one of the affiants, Alleyne, had entered the premises in which the tapped telephone was located and placed a policy bet with one "Pete Greco". There was nothing in the affidavits to indicate...

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