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PEOPLE v. LaMENDOLA

206 A.D.2d 207 (1994)

The People of the State of New York, Appellant, v. Phillip LaMendola, Respondent

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

November 16, 1994

Attorney(s) appearing for the Case

Robert C. Noonan, District Attorney of Genesee County, Batavia (David E. Gann of counsel), for appellant.

John F. Speranza, Rochester, for respondent.

DENMAN, P. J., PINE, BALIO and DAVIS, JJ., concur.

CALLAHAN, J.

The People appeal from an order of Genesee County Court that granted defendant's motion to suppress evidence seized pursuant to a search warrant that had been issued based in part upon information acquired from Federally authorized pen registers. In granting the motion, the court relied upon the recent Court of Appeals decision in People v Bialostok (80 N.Y.2d 738

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