PEOPLE v. GUERCIO


90 Misc.2d 256 (1977)

The People of the State of New York, Plaintiff, v. Louis Guercio et al., Defendants.

Supreme Court, Erie County.

May 3, 1977


Attorney(s) appearing for the Case

John Pieri and Salten Rodenberg for defendants. Edward C. Cosgrove, District Attorney (K. Michael Sawicki of counsel), for plaintiff.


WILLIAM J. OSTROWSKI, J.

Defendants move to suppress evidence obtained as a result of an eavesdropping warrant on the ground that the warrant fails to comply with CPL 700.30 (subd 5) which says: "An eavesdropping warrant must contain * * * 5. The identity of the law enforcement agency authorized to intercept the communications".

In this respect the warrant is totally silent. The motion is granted for...

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