PEOPLE v. KOUTNIK


37 N.Y.2d 873 (1975)

The People of the State of New York, Appellant, v. Stanley Koutnik, Edward Conlon, Francis Dolan, John J. Smith, Walter Teleky, Louis Marangello, George Trief, James Conway, Charles Sawling, James T. Stevens, Paul Medica, Louis Costello, Edward Nigro, Seymour Freedman and Lawrence Jessup, Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 23, 1975.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Steven Kartagener, Jonathan Lovett and Lewis R. Friedman of counsel), for appellant.

Victor J. Herwitz for Charles Sawling, respondent.

Richard A. Dienst for Stanley Koutnik and others, respondents.

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


MEMORANDUM.

Orders of the Appellate Division affirmed.

Underlying the convictions vacated by the Appellate Division are 107 wiretap and eavesdropping orders obtained during the course of an investigation by the New York County District Attorney's office of police involvement in illegal gambling operations. In order to sustain these wiretap and eavesdropping orders, a number of unacceptable premises would be required...

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