PEOPLE v. TAYLOR


73 N.Y.2d 683 (1989)

The People of the State of New York, Respondent, v. Alice Taylor, Appellant. The People of the State of New York, Respondent, v. Paul Taylor, Sr., Appellant.

Court of Appeals of the State of New York.

Decided June 8, 1989.


Attorney(s) appearing for the Case

John J. LaDuca for Alice Taylor, appellant.

Gary Bitetti for Paul Taylor, Sr., appellant.

Howard R. Relin, District Attorney (Robert Mastrocola of counsel), for respondent.

Chief Judge WACHTLER and Judges TITONE and BELLACOSA concur with Judge KAYE; Judge SIMONS dissents and votes to affirm in a separate opinion in which Judges ALEXANDER and HANCOCK, JR., concur.


KAYE, J.

At the core of this appeal, in a prosecution for criminal possession of a controlled substance and related offenses, is the meaning of "substantial compliance" with the requirements of a statute — here, a statute specifically mandating that testimony taken in support of a search warrant application "be either recorded or summarized on the record by the court." (CPL 690.40 [1].)

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