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PEOPLE v. BRENES

42 N.Y.2d 41 (1977)

The People of the State of New York, Appellant, v. Miguel Brenes, Respondent.

Court of Appeals of the State of New York.

Decided June 14, 1977.

Attorney(s) appearing for the Case

Mario Merola, District Attorney (Daniel J. Sullivan of counsel), for appellant.

Lawrence Stern and Martin L. Schmukler for respondent.

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

FUCHSBERG J.

In April of 1972, Miguel Brenes became the subject of an eavesdropping order obtained by the New York City police in the course of its investigation of Brenes' alleged narcotics violations. Upon the basis of the information garnered from the eavesdrop so undertaken, a search warrant was issued and executed. Brenes was thereafter arrested and indicted for narcotics violations. After denial of his motion...

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