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PEOPLE v. NICOLETTI

34 N.Y.2d 249 (1974)

The People of the State of New York, Respondent, v. Benjamin Nicoletti, Also Known as "Sonny" Nicoletti, Louis Tavano, and Ronald Appoloney, Also Known as "Red" Appoloney, Appellants.

Court of Appeals of the State of New York.

Decided June 5, 1974.

Attorney(s) appearing for the Case

Bernard Sax for Benjamin Nicoletti, appellant. Victor A. Rippo, Public Defender (Raymond T. Burgasser of counsel), for Ronald Appoloney, appellant.

Aldo L. DiFlorio, District Attorney (Shavasp Hanesian of counsel), for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur.

JASEN, J.

Over objection, recorded telephone conversations intercepted pursuant to an eavesdropping warrant, were introduced into evidence at defendants' joint trial for conspiracy (Penal Law, § 105.00) and promoting gambling (Penal Law, § 225.05). On these appeals from orders of the Appellate Division affirming their convictions, the determinative issue is whether the absence of seals on the recordings...

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