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PEOPLE v. DI STEFANO

53 A.D.2d 813 (1976)

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

Appellate Division of the Supreme Court of the State of New York, First Department.

July 1, 1976

Upon appeal to this court from the judgment of conviction, we reversed the convictions on both counts, granted the motion to suppress certain evidence obtained through a wiretap on April 17, 1972, and dismissed the indictment (45 A.D.2d 56). In view of our conclusion that the motion to suppress should have been granted, we were not required to determine whether sufficient evidence of guilt existed. However, we noted that the evidence was...

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