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PEOPLE v. BADALAMENTI

No. 71

27 N.Y.3d 423 (2016)

54 N.E.3d 32

34 N.Y.S.3d 360

2016 NY Slip Op 02556

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY BADALAMENTI, Appellant.

Court of Appeals of New York.

Decided April 5, 2016.

Attorney(s) appearing for the Case

Marianne Karas , Thornwood, for appellant.

Madeline Singas , District Attorney, Mineola ( Jason R. Richards and Tammy J. Smiley of counsel), for respondent.

Chief Judge DiFIORE and Judges PIGOTT and GARCIA concur; Judge STEIN dissents in an opinion in which Judges RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

We hold that the definition of consent, in the context of "mechanical overhearing of a conversation" pursuant to Penal Law § 250.00 (2), includes vicarious consent, on behalf of a minor child.

Our decision sets out a narrowly tailored test for vicarious consent that requires a court to determine...

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