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PEOPLE v. VESPUCCI

144 A.D.2d 48 (1988)

The People of the State of New York, Respondent, v. Anthony Vespucci, James J. Corrigan, Jr., Charles Cannizzaro, MCM, Doing Business as Island Carting Co., Enviro, Doing Business as Island Carting and Nicholas Ferrante et al., Appellants The People of the State of New York, Respondent, v. Salvatore Avellino, Jr., Salem Sanitary Carting Corp., Thomas Ronga, Detail Carting Company and Jamaica Ash and Rubbish Removal Company, Inc., Appellants The People of the State of New York, Respondent, v. James J. Corrigan, Jr., Anthony Vespucci and Salvatore Avellino, Jr., Appellants The People of the State of New York, Respondent, v. Arthur Romersa and Vito Biondo, Appellants The People of the State of New York, Respondent, v. James J. Corrigan, Jr., Appellant The People of the State of New York, Respondent, v. Arthur Romersa, Appellant The People of the State of New York, Respondent, v. Peter F. Finnerty, Appellant

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

December 30, 1988

Attorney(s) appearing for the Case

Meyer, Suozzi, English & Klein (Bernard S. Meyer and Andrew J. Turro of counsel), for all appellants other than Jamaica Ash and Rubbish Removal.

Stephen P. Scaring, P. C. (Laurie S. Hersey of counsel), for Jamaica Ash and Rubbish Removal, appellant.

Ronald Goldstock, Deputy Attorney-General, Organized Crime Task Force (Martin Marcus, Steven Chananie and Vija Kemanis of counsel), for respondent.

BRACKEN, J. P., WEINSTEIN and KUNZEMAN, JJ., concur.

KOOPER, J.

The principal issue to be resolved on appeal is whether the Director of the New York State Organized Crime Task Force has been permissibly empowered, in light of controlling Federal law, to apply for eavesdropping warrants pursuant to CPL 700.05 (5). For the reasons that follow, we conclude that he is empowered to do so, and affirm the judgments of conviction appealed from.

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