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PEOPLE v. LOSINNO

38 N.Y.2d 316 (1975)

The People of the State of New York, Appellant, v. John Losinno and Robert Price, Respondents.

Court of Appeals of the State of New York.

Decided December 29, 1975.

Attorney(s) appearing for the Case

Abraham J. Weissman, District Attorney (Michael Schwartz of counsel), for appellant.

Howard Karger for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

In our view, the Appellate Division erred in holding that the warrant was invalid on its face. The warrant directed the District Attorney "or any other person or persons expressly designated by you" to conduct the wiretap. The Appellate Division found that this violated CPL 700.30 (subd 5) which provides that the "warrant must contain * * * [t]he identity of the law enforcement agency to intercept the communications...

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