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PEOPLE v. GNOZZO

31 N.Y.2d 134 (1972)

The People of the State of New York, Appellant, v. Joseph Gnozzo, Respondent. The People of the State of New York, Respondent, v. Samuel Zorn, Appellant.

Court of Appeals of the State of New York.

Decided July 6, 1972.

Attorney(s) appearing for the Case

Michael F. Dillon, District Attorney (Peter J. Notaro of counsel), for appellant in the first above-entitled action.

Salten Rodenberg for respondent in the first above-entitled action.

Burton B. Roberts, Michael R. Juviler, Robert A. Goldschlag, B. Anthony Morosco and James M. Rose for New York State District Attorneys Association, amicus curiae in the first above-entitled action.

Arnold E. Wallach and Peter J. Peluso for appellant in the second above-entitled action.

Frank S. Hogan, District Attorney (Robert A. Goldschlag and Michael R. Juviler of counsel), for respondent in the second above-entitled action.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, JASEN and GIBSON concur.

BREITEL, J.

These two cases test the use of telephone conversations intercepted under an eavesdropping warrant to establish probable cause for a subsequent search warrant against the outside party to the conversation, not named in the eavesdropping warrant. Appellant Zorn and respondent Gnozzo contend that the conversations may not be used against persons not named in the eavesdropping warrant, and especially...

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