PEOPLE v. SIMMONS


86 Misc.2d 737 (1976)

The People of the State of New York, Plaintiff, v. James Simmons, Grace Simmons and Albert Morris, Defendants.

Supreme Court, New York County.

May 24, 1976


Attorney(s) appearing for the Case

Sterling Johnson, Jr., Special Assistant District Attorney (Lewis Halpern of counsel), for plaintiff. Aaron J. Jaffe for James Simmons, defendant. Nathan H. Mitchell for Grace Simmons and another, defendants.


WALTER T. GORMAN, J.

The People move to resettle an order of this court suppressing wiretap evidence.

A lengthy hearing on defendants' application to controvert five eavesdropping warrants culminated on December 15, 1975 with the granting of the motion and the suppressing of "all communications and evidence derived therefrom." The decision resulted from the failure to timely seal the recordings as required...

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