PEOPLE v. CALOGERO


75 A.D.2d 455 (1980)

The People of the State of New York, Appellant, v. Nicholas J. Calogero, Respondent

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

July 10, 1980


Attorney(s) appearing for the Case

Richard D. Enders, District Attorney (Michael E. Daley of counsel), for appellant.

Salvador J. Capecelatro, Jr., for respondent.

HANCOCK, JR., J. P., SCHNEPP, CALLAHAN and DOERR, JJ., concur.


WITMER, J.

The question presented on this appeal is whether Criminal Term erred in granting defendant's motion for the suppression of a tape recording of a telephone conversation involving defendant and in enjoining the People from using it as evidence on the trial of defendant upon his indictment for voting fraud and conspiracy to promote or prevent election and related charges. The tape recording was obtained...

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