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PEOPLE v. SHER

38 N.Y.2d 600 (1976)

The People of the State of New York, Respondent, v. Seymour Sher, Appellant.

Court of Appeals of the State of New York.

Decided February 19, 1976.

Attorney(s) appearing for the Case

J. Raymond Fisher for appellant.

Sol Greenberg, District Attorney (Dennis M. Acton of counsel), for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur; Judge COOKE taking no part.

JASEN, J.

On October 7, 1971, Seymour Sher was indicted by the Grand Jury of Albany County for the felony of possession of gambling records in the first degree. After trial, the jury convicted the defendant of the charge and the judgment of conviction was affirmed by the Appellate Division. We conclude that the People failed to provide a satisfactory explanation for the absence of seals on tapes of intercepted...

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