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PEOPLE EX REL. BAVISOTTO v. WALKER

199 A.D.2d 976 (1993)

608 N.Y.S.2d 928

The People of the State of New York ex rel. Robert J. Bavisotto, Appellant, v. Hans Walker, as Superintendent of Auburn Correctional Facility, Respondent

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

December 29, 1993

Judgment unanimously affirmed.

Memorandum:

The court properly dismissed the petition seeking a writ of habeas corpus. Even assuming that the amendment to CPL 470.05 applies to petitioner's case, the record shows that, under either version of the statute, petitioner failed to preserve the issue now argued concerning sealing of wiretap tapes. Petitioner's reliance on People v Cantineri (134...

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