PEOPLE v. POMPONIO


47 N.Y.2d 918 (1979)

The People of the State of New York, Respondent, v. Charles Pomponio, Appellant.

Court of Appeals of the State of New York.

Decided June 26, 1979.


Attorney(s) appearing for the Case

Morton N. Wekstein for appellant.

Carl A. Vergari, District Attorney (Anthony J. Servino of counsel), for respondent.

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


MEMORANDUM.

Contrary to the Appellate Division's determination we hold that the affidavits submitted in support of the application for the wire tap warrant were insufficient to establish probable cause. Essentially the affidavits state that Larry Centore, whose home phone was to be tapped, had a prior criminal record for assault and robbery and one unresolved charge of gambling; that he met regularly with persons who also...

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