PEOPLE v. BASILICATO


64 N.Y.2d 103 (1984)

The People of the State of New York, Respondent, v. Joseph E. Basilicato, Appellant. The People of the State of New York, Respondent, v. Joseph Carucci, Appellant. The People of the State of New York, Respondent, v. Anthony F. Pontore, Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1984.


Attorney(s) appearing for the Case

Michael T. Wallender and James F. Downs for appellant in the first above-entitled action.

Sol Greenberg, District Attorney (John P. M. Wappett of counsel), for respondent in the first above-entitled action.

Carol Ann Venezia for appellant in the second above-entitled action.

Sol Greenberg, District Attorney (John P. M. Wappett of counsel), for respondent in the second above-entitled action.

Bertrand F. Gould for appellant in the third above-entitled action.

Sol Greenberg, District Attorney (John P. M. Wappett of counsel), for respondent in the third above-entitled action.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, SIMONS and KAYE concur.


MEYER, J.

A warrant authorizing the tapping of a telephone line permits the monitoring of conversations carried on over the telephone but not the monitoring of conversations carried on within the home in which the telephone is located which become audible to the monitoring officers when the telephone receiver is taken off the hook, not for the purpose of engaging in...

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