PEOPLE v. PORTANOVA


67 A.D.2d 1011 (1979)

The People of the State of New York, Respondent, v. Joseph Portanova, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 26, 1979


Judgment reversed, guilty plea vacated, defendant's motion to suppress granted, and the case is remitted to the County Court, Westchester County, for further proceedings.

The sealing requirement of CPL 700.50 (subd 2) is to be strictly construed. Accordingly, the tape recordings of intercepted telephone communications involved herein, resulting from the issuance of an eavesdropping warrant dated June 7, 1976, should have been sealed immediately upon the expiration...

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