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PEOPLE v. HALL

89 Misc.2d 836 (1977)

The People of the State of New York, Respondent, v. Gladys Mae Hall, Clarence Carter and Ruby Clinton, Also Known as Ruby Love, Appellants. The People of the State of New York, Respondent, v. Lawrence Brown, Appellant. The People of the State of New York, Respondent, v. Hardy Williams, Jr., Appellant. The People of the State of New York, Respondent, v. Jerome Clinton, Appellant. The People of the State of New York, Respondent, v. Richard Susewell, Appellant. The People of the State of New York, Respondent, v. Gladys Mae Hall, Appellant.

Supreme Court, Appellate Term, Second Department.

February 7, 1977

Attorney(s) appearing for the Case

Sutter, Moffatt, Yannelli & Zevin, P. C. (Marvin Zevin of counsel), for appellants. Denis Dillon, District Attorney (Herbert H. Esrick of counsel), for respondent.

Concur — FARLEY, P. J., PITTONI and SILBERMAN, JJ.

MEMORANDUM.

Judgments of conviction unanimously reversed on the law and facts and a new trial ordered.

In light of the concession of the People, and after reviewing the record on appeal, we are of the opinion that the absence of judicial supervision in unsealing the tapes of the recorded conversations before the Grand Jury rendered said tapes inadmissible in evidence (People v Sher, 38 N.Y.2d 600, 603-605). We also...

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