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  5. 80 N.Y.2d 738 (1993)
 

PEOPLE v. BIALOSTOK

80 N.Y.2d 738 (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 February 25, 1993.

Attorney(s) appearing for the Case

Kartagener & Stavis, New York City (Steven R. Kartagener and Roger L. Stavis of counsel), for appellant in the first above-entitled action.

Denis Dillon, District Attorney of Nassau County, Mineola (Douglas Noll and Bruce E. Whitney of counsel), for respondent in the first above-entitled action.

Cahn Wishod Wishod & Lamb, Melville (Scott M. Karson and Howard M. Miller of counsel), for appellant in the second above-entitled action.

Denis Dillon, District Attorney of Nassau County, Mineola (Douglas Noll and Bruce E. Whitney of counsel), for respondent in the second above-entitled action.

Judges KAYE, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.

Acting Chief Judge SIMONS.

Defendants have been convicted on gambling and conspiracy charges based, in part, on evidence derived from electronic monitoring of two telephone lines used to transmit bets. On these appeals they question whether a pen register1 having the additional capacity to monitor conversations should be treated as an eavesdropping device2

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