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PEOPLE v. RODRIGUEZ

No. 73.

19 N.Y.3d 166 (2012)

2012 NY Slip Op 3230

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

Court of Appeals of New York.

Decided April 26, 2012.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City ( Susan H. Salomon and Robert S. Dean of counsel), for appellant.

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

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

OPINION OF THE COURT

PIGOTT, J.

The New York Drug Enforcement Task Force obtained an eavesdropping warrant on July 21, 2005, in order to intercept the cell phone calls of George Cabrera, a Queens drug dealer. Another target of the warrant was a person later identified as defendant Rafael Rodriguez, also known as "Rafi." Agents recorded a number of Cabrera's conversations, including several that occurred on August...

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