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PEOPLE v. RABB

Nos. 2, 3.

16 N.Y.3d 145 (2011)

THE PEOPLE OF THE STATE OF NEWYORK, Respondent, v. REGINALD RABB, Appellant. THE PEOPLE OF THE STATE OF NEWYORK, Respondent, v. STEVEN MASON, Appellant.

Court of Appeals of New York.

Decided February 15, 2011.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City ( Kerry S. Jamieson and Richard M. Greenberg of counsel), for appellant.

Center for Appellate Litigation, New York City ( Barbara Zolot and Robert S. Dean of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Susan Axelrod and Alan Gadlin of counsel), for respondent.

Judges GRAFFEO, READ and SMITH concur with Judge PIGOTT; Chief Judge LIPPMAN dissents and votes to reverse in a separate opinion in which Judges CIPARICK and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

Defendants Reginald Rabb and Steven Mason—who ran P&D Construction Workers Coalition, a minority labor coalition1— challenge the People's March 31, 2005 eavesdropping warrant application on the ground that the People failed to establish that normal investigative measures had been exhausted, were reasonably unlikely to succeed if tried...

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