PEOPLE v. RODRIGUEZ

3311, 3312, 6548/05

77 A.D.3d 420 (2010)

908 N.Y.S.2d 652

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL RODRIGUEZ, Appellant.

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

Decided October 7, 2010.


The court's summary denial of the portion of defendant's suppression motion that sought to suppress eavesdropping evidence on the ground of lack of CPL 700.50 (3) notice was proper. As relevant to this case, the statute directs that the named subject of an eavesdropping warrant, such as defendant, be notified of the existence of the warrant within 90 days of its termination.

Federal courts have held that under 18 USC § 2518 (8) (d), the federal equivalent of...

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