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PEOPLE v. ZORN

38 A.D.2d 359 (1972)

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

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

March 14, 1972.

Attorney(s) appearing for the Case

Arnold E. Wallach of counsel (Peter J. Peluso, attorney), for appellant.

Robert A. Goldschlag of counsel (Michael R. Juviler and Barry M. Fallick; Frank S. Hogan, District Attorney), for respondent.

NUNEZ and KUPFERMAN, JJ., concur with McNALLY, J.; CAPOZZOLI, J., dissents in an opinion, in which STEVENS, P. J., concurs.

McNALLY, J.

Defendant-appellant appeals from a judgment of conviction entered on his plea of guilty of possession of gambling records in the second degree. The plea followed the denial of defendant's motion to suppress evidence obtained by the interception of telephonic communications and the search of certain premises. The eavesdropping warrant dated March 23, 1970 authorized the interception of telephonic communications...

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