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PEOPLE v. SCHERY

259 A.D.2d 226 (1999)

700 N.Y.S.2d 99

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILFREDO SCHERY, Appellant.

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

November 18, 1999.

Attorney(s) appearing for the Case

Michael S. Morgan of counsel (Donald J. Siewert on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

Martin L. Schmukler, P. C., New York City, and L. Mark Dachs, P. A., Miami, Florida, for appellant.

SULLIVAN, J. P., WILLIAMS, WALLACH and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

LERNER, J.

This appeal requires us to address an issue of first impression, whether employees of a private agency hired by the Special Narcotics Prosecutor's Office may lawfully be permitted to monitor intercepted conversations in the execution of an eavesdropping warrant.

This case stems from a year-long investigation of the New York branch of a Colombian narcotics cartel, which operated throughout the New York metropolitan...

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