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PEOPLE v. VARACALLI

154 Misc.2d 805 (1993)

The People of the State of New York, Plaintiff, v. Ernest Varacalli, Jr., and John Varacalli, Defendants. The People of the State of New York, Plaintiff, v. Nicola Rinaldi, Defendant. The People of the State of New York, Plaintiff, v. Danny Apice, Defendant.

Supreme Court, Kings County.

April 5, 1993

Attorney(s) appearing for the Case

Gino Josh Singer, New York City, for Ernest Varacalli, Jr., defendant. Meissner, Kleinberg & Finkel, New York City (George S. Meissner of counsel), for John Varacalli, defendant. Mahler & Harris, P. C., Kew Gardens (Stephen R. Mahler of counsel), for Nicola Rinaldi, defendant. Joseph Mure, Jr., Brooklyn, for Danny Apice, defendant. Charles J. Hynes, District Attorney of Kings County, Brooklyn (Etta M. Gumbs and Jacqueline L. Spratt of counsel), for plaintiff.

GLORIA GOLDSTEIN, J.

In the recently decided case of People v Bialostok (80 N.Y.2d 738), the Court of Appeals enunciated a new doctrine relating to the legal requirements for the use of "pen register" devices in criminal investigations.

Bialostok (supra) determined that any electronic device capable of conversion from a pen register (which only...

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