PEOPLE v. CUNNINGHAM


46 A.D.2d 709 (1974)

The People of the State of New York, Respondent, v. Donald Cunningham, Appellant

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

October 31, 1974


During the defendant's jury trial, he became aware that the police had monitored certain telephone conversations which he had held immediately prior to the commencement of the trial. Upon learning of such monitoring, the defendant demanded that he be permitted to listen to the electronically recorded conversations. At the time of such demand the admissibility in evidence of the conversations had not yet been determined and the trial court permitted the defendant and his counsel...

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