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PEOPLE v. SOLOMON

75 Misc.2d 847 (1973)

The People of the State of New York, Plaintiff, v. Ernest Solomon, Raymond Ellington, Basil Jones and Phillip Denny, Defendants.

Supreme Court, Criminal Term, Kings County.

September 20, 1973

Attorney(s) appearing for the Case

Evseroff, Newman & Sonenshine (Gustave H. Newman of counsel), for Ernest Solomon, defendant. Sturim & Nizin (Alan Sturim of counsel), for Raymond Ellington, defendant. Kane Salaway & Finger (Kenneth W. Salaway of counsel), for Basil Jones, defendant. Schimmel & Schwartz (Stanley Schimmel of counsel), for Phillip Denny, defendant. Eugene Gold, District Attorney (Robert C. Bernius and John B. Latella of counsel), for plaintiff.

LEONARD SCHOLNICK, J.

Defendants move to suppress evidence obtained pursuant to an eavesdropping warrant on the ground that the failure of the monitoring agents to minimize the interception of telephonic communications was in violation of subdivision 7 of CPL 700.30. The indictment accuses the defendants of violation of article 220 of the Penal Law, dangerous drug offenses, and violation of article 105 of the Penal Law, conspiracy. The statutory requirements...

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