PEOPLE v. VISCOMI


113 A.D.2d 76 (1985)

The People of the State of New York, Appellant, v. Joseph Viscomi, Respondent

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

November 15, 1985


Attorney(s) appearing for the Case

Richard A. Hennessy, Jr., District Attorney (John A. Cirando and Beth J. Van Doren of counsel), for appellant.

McGraw & Wegerski (James R. McGraw of counsel), for respondent.

HANCOCK, JR., J. P., CALLAHAN and DENMAN, JJ., concur with GREEN, J.; BOOMER, J., dissents and votes to reverse the order and deny the motion in a separate opinion.


GREEN, J.

The People appeal from an order granting defendant's motion to suppress all evidence obtained pursuant to three eavesdropping warrants (see, CPL 450.20 [8]; 450.50 [1]). We affirm because the applications in support of the warrants failed to establish that normal investigative techniques had been tried without success or that they would be unlikely to succeed if tried (see, CPL 700.15 [4]).

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