PEOPLE v. SCHULZ


112 A.D.2d 790 (1985)

The People of the State of New York, Respondent, v. Jeffrey A. Schulz, Appellant

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

July 12, 1985


Judgment reversed, on the law, motion to suppress granted, and defendant remanded to Supreme Court, Cattaraugus County, for further proceedings on the indictment.

Memorandum:

The People failed to comply with CPL 700.70, providing that wiretap evidence cannot be used at trial unless within 15 days of arraignment and before trial they have given the defendant a copy of the warrant and application. No extension of time was sought by the People. In resisting defendant...

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