PEOPLE v. SEIDITA


49 N.Y.2d 755 (1980)

The People of the State of New York, Respondent, v. Thomas Seidita, Carmine Spulzo and Valentino Bove, Appellants.

Court of Appeals of the State of New York.

Decided February 7, 1980.


Attorney(s) appearing for the Case

Anne C. Feigus and Ronald P. Fischetti for appellants.

Eugene Gold, District Attorney (Alan D. Rubinstein of counsel), for respondent.

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


MEMORANDUM.

The order of the Appellate Division should be affirmed.

We agree with that court that the gambling records and paraphernalia recovered on execution of both the Gates Avenue and the Dumont Avenue search warrants are admissible. The Gates Avenue search warrant was issued on the basis of intercepts obtained pursuant to a wiretap on the telephone located at that address. No challenge is raised as to the validity...

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