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PEOPLE v. DARLING

95 N.Y.2d 530 (2000)

742 N.E.2d 596

720 N.Y.S.2d 82

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANA DARLING, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY VACCARO, Appellant.

Court of Appeals of the State of New York.

Decided December 14, 2000.

Attorney(s) appearing for the Case

Hiscock Legal Aid Society, Syracuse (Philip Rothschild of counsel), for appellant in the first above-entitled action.

William J. Fitzpatrick, District Attorney of Onondaga County, Syracuse (James P. Maxwell and David A. Rothschild of counsel), for respondent in the first above-entitled action.

Hiscock Legal Aid Society, Syracuse (Philip Rothschild of counsel), for appellant in the second above-entitled action.

William J. Fitzpatrick, District Attorney of Onondaga County, Syracuse (James P. Maxwell and David A. Rothschild of counsel), for respondent in the second above-entitled action.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK and WESLEY concur.

OPINION OF THE COURT

ROSENBLATT, J.

In the case before us, the issuing Judge authorized a wiretap warrant for a telephone line at a stated residence, specifying the telephone number to be tapped. The telephone number, however, was changed before the investigator installed the wiretap. We hold that suppression of the evidence flowing from the wiretap is not required, notwithstanding the change in telephone number.

In August 1997, the Syracuse Police...

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