PEOPLE v. VESPUCCI


75 N.Y.2d 434 (1990)

The People of the State of New York, Respondent, v. Anthony Vespucci et al., Appellants. The People of the State of New York, Respondent, v. Private Sanitation Industry Association of Nassau/Suffolk, Inc., Appellant. The People of the State of New York, Respondent, v. Jamaica Ash and Rubbish Removal Co., Inc., Appellant.

Court of Appeals of the State of New York.

Decided February 15, 1990.


Attorney(s) appearing for the Case

Bernard S. Meyer and Andrew J. Turro for Anthony Vespucci and others, appellants in the first and second above-entitled actions.

Stephen P. Scaring and Laurie S. Hershey for Jamaica Ash and Rubbish Removal Inc., appellant in the third above-entitled action (who joins in above-listed arguments).

Ronald Goldstock, Director, Organized Crime Task Force (Steven Chananie and Martin Marcus of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE and HANCOCK, JR., concur with Judge BELLACOSA; Judge TITONE dissents and votes to reverse in a separate opinion; Judge ALEXANDER taking no part.


BELLACOSA, J.

Defendants challenge their convictions principally on the ground that the Director of the New York State Organized Crime Task Force (OCTF) lacks authority to be an applicant for eavesdropping warrants. They premise this argument on the assertion that the State statute (CPL 700.05 [5]), which expressly includes the Director of OCTF as a law enforcement officer authorized to apply for warrants, is...

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