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  5. 49 N.Y.2d 774 (1980)
 

PEOPLE v. MARINO

49 N.Y.2d 774 (1980)

The People of the State of New York, Respondent, v. Robert Marino, Appellant.

Court of Appeals of the State of New York.

Decided February 14, 1980.

Attorney(s) appearing for the Case

Richard A. Greenberg and Gretchen White Oberman for appellant.

John J. Santucci, District Attorney (Ira I. Schreiber and Charles N. Walsh of counsel), for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The sole issue raised for our consideration is whether the absence in the record of proof that the District Attorney complied with the direction of the court issuing the warrant to file interim progress reports during the pendency of a wiretap necessitates suppression of the tapes obtained pursuant to that warrant.

The wiretap was authorized...

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