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PEOPLE v. MARTELLO

93 N.Y.2d 645 (1999)

717 N.E.2d 684

695 N.Y.S.2d 525

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL MARTELLO, Appellant.

Court of Appeals of the State of New York.

Decided July 6, 1999.

Attorney(s) appearing for the Case

Brendan White, New York City, and Diarmuid White for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Patrick J. Hynes, Mark Dwyer and Vincent Rivellese of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

SMITH, J.

In People v Bialostok (80 N.Y.2d 738), this Court held that a pen register device capable of being adapted to monitor telephone conversations should be treated as an eavesdropping device subject to the probable cause requirements of article 700 of the New York Criminal Procedure Law.1 The issue on this appeal...

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