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PEOPLE v. DI PASQUALE

47 N.Y.2d 764 (1979)

The People of the State of New York, Respondent, v. Michael Di Pasquale, Appellant.

Court of Appeals of the State of New York.

Decided May 3, 1979.

Attorney(s) appearing for the Case

Bennett M. Epstein and Jacob R. Evseroff for appellant.

Mario Merola, District Attorney (Timothy J. McGinn, Alan D. Marrus and Steven R. Kartagener of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI and FUCHSBERG concur; Judge WACHTLER dissents and votes to reverse in an opinion in which Judge JONES concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant, convicted upon a plea of guilty of perjury in the third degree (Penal Law, § 210.05), challenges the propriety of the denial of his motion to suppress certain conversations recorded by means of electronic surveillance, maintaining that the District Attorney lacked statutory authority to seek issuance of the wiretap orders. We reject...

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