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PEOPLE v. DI STEFANO

38 N.Y.2d 640 (1976)

The People of the State of New York, Appellant, v. Peter Di Stefano, Respondent.

Court of Appeals of the State of New York.

Decided February 17, 1976.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Peter L. Zimroth and Anthony J. Girese of counsel), for appellant.

Irwin Rochman and Barbara Teitler Rochman for respondent.

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

GABRIELLI, J.

We consider for the first time1 the effect of the Criminal Procedure Law provision (CPL 700.65, subd 4) requiring retroactive judicial amendment of an eavesdropping warrant prior to the admission at trial of an intercepted "communication which was not otherwise sought", in the original warrant. Present also are questions whether evidence other than statistical data suffices...

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