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UNITED STATES v. MASCIARELLI

No. 1269, Docket 77-1129. September Term, 1976.

558 F.2d 1064 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. Raymond D. MASCIARELLI and Lawrence Schultz, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 29, 1977.

Attorney(s) appearing for the Case

Dante M. Scaccia, Syracuse, N. Y. (Love Balducci & Scaccia, Syracuse, N. Y., of counsel), for defendant-appellee, Masciarelli.

James P. Shanahan, Syracuse, N. Y., for defendant-appellee, Schultz.

Arthur A. Chalenski, Jr., Asst. U. S. Atty., Syracuse, N. Y. (Paul V. French, U. S. Atty. for the Northern District of New York, Syracuse, N. Y., of counsel), for plaintiff-appellant.

Before MANSFIELD, TIMBERS and MESKILL, Circuit Judges.

MANSFIELD, Circuit Judge:

Pursuant to an order of authorization issued under 18 U.S.C. § 2518 by Judge Edmund Port of the Northern District of New York, the F.B.I., from April 11 through April 25, 1974, wiretapped a telephone used by appellee Raymond D. Masciarelli in Binghampton, New York. The order, designated MP-16, stated that there was probable cause to believe that the phone was being used "in violation of Article 225 of the Penal Law of the State of New...

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