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PEOPLE v. BIALOSTOK

81 N.Y.2d 995 (1993)

The People of the State of New York, Respondent, v. Milton Bialostok, Appellant. The People of the State of New York, Respondent, v. Lawrence Scocco, Appellant.

Court of Appeals of the State of New York.

Decided May 11, 1993.

Attorney(s) appearing for the Case

Denis Dillon, District Attorney of Nassau County, Mineola (Douglas Noll of counsel), for movant.

Cahn Wishod Wishod & Lamb, Melville (Scott M. Karson of counsel), for Lawrence Scocco, appellant.

Robert T. Johnson, District Attorney of Bronx County (Patrick J. Hynes of counsel), for New York State District Attorneys Association, amicus curiae.

MEMORANDUM.

The People's motion to recall our opinion in the above matter (which appears at 80 N.Y.2d 738) should be denied.

The People now contend that our discussion of the warrant requirement as it existed before the enactment of CPL 705.10 (L 1988, ch 744, § 21) is erroneous because it is based on improper factual assumptions about the technology involved. Our decision...

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