PEOPLE v. SAVINO


44 N.Y.2d 669 (1978)

The People of the State of New York, Appellant, v. John Savino, Respondent.

Court of Appeals of the State of New York.

Decided March 23, 1978.


Attorney(s) appearing for the Case

Denis Dillon, District Attorney (Paula Schwartz Frome, William C. Donnino, W. Russell Corker and Andrew C. Morganstern of counsel), for appellant.

John Joseph Sutter and Ruth C. Balkin for respondent.

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


MEMORANDUM.

The order of the Appellate Term should be reversed, and the case remitted to that court for consideration of the facts (CPL 470.40, subd 2, par [b]) and as well such issues of law as were not previously considered in view of the nature of that court's prior disposition.

When it appeared that numerous tape recordings would be offered by the People on the trial of this case, the trial court directed the...

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