PEOPLE v. GALLINA


66 N.Y.2d 52 (1985)

The People of the State of New York, Appellant, v. Phillip Gallina, Respondent.

Court of Appeals of the State of New York.

Decided October 15, 1985.


Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Barbara D. Underwood and Nikki Kowalski of counsel), for appellant.

Stephen P. Scaring and Laurie Stein Hershey for respondent.

Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur; Judge TITONE taking no part.


Chief Judge WACHTLER.

This appeal presents the issue of the degree to which the mandates of Criminal Procedure Law article 700 must be followed in the conduct of a wiretap investigation and the consequences that follow if the required standards are not met. We find, as did the Appellate Division, that the degree of compliance in this case was inadequate and that suppression was the proper remedy. Accordingly,...

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