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PEOPLE v. RONNING

137 A.D.2d 43 (1988)

The People of the State of New York, Appellant, v. Rolf Ronning, Harry Olesen, Orville Penrose, Fortune Macri, Thomas Corrigan, Harold Fulgenzi, Michael Fulgenzi and Kevin Verpent, Respondents

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

April 28, 1988

Attorney(s) appearing for the Case

Ronald Goldstock, Deputy Attorney-General in Charge, Organized Crime Task Force (Steven Chananie and Arthur Weinstein of counsel), for appellant.

LaRossa, Mitchell & Ross (John M. Mitchell of counsel), for Orville Penrose, respondent.

MIKOLL, YESAWICH, JR., HARVEY and MERCURE, JJ., concur.

MAHONEY, P. J.

In November 1986 defendants were indicted and charged, in various combinations, with possession and sale of controlled substances, attempt to commit the same and conspiracy, based on evidence that they were part of a drug distribution ring. A crucial portion of that evidence was obtained by virtue of an electronic surveillance warrant. Defendants moved to suppress

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