PEOPLE v. SCHULZ


67 N.Y.2d 144 (1986)

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

Court of Appeals of the State of New York.

Decided March 27, 1986.


Attorney(s) appearing for the Case

Larry M. Himelein, District Attorney, for appellant.

J. Kevin Laumer for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE and TITONE concur; Judge HANCOCK, JR., taking no part.


ALEXANDER, J.

Evidence derived from an intercepted communication must be suppressed where there has been a failure to comply with the notice provision of CPL 700.70, and where there has been neither an application for an extension of time within the 15 days provided in that statute nor a showing of good cause for noncompliance and lack of prejudice to defendant.

In March of 1981, the Chautauqua County...

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