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PEOPLE v. CISSE

No. 10.

32 N.Y.3d 1198 (2019)

120 N.E.3d 364

96 N.Y.S.3d 165

2019 NY Slip Op 01258

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALI CISSE, Appellant.

Court of Appeals of New York.

Argued January 10, 2019.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City (Matthew Bova of counsel), for appellant.

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

Brooklyn Defender Services, Brooklyn ( Lisa Schreibersdorf and Susannah Karlsson of counsel), and Fried, Frank, Harris, Shriver & Jacobson LLP, New York City ( Aleksandr B. Livshits and Arielle F. Evans of counsel), for Brooklyn Defender Services and others, amici curiae.

Holwell, Shuster & Goldberg LLP, New York City ( Scott M. Danner , Daniel M. Horowitz , Evan H. Stein and Meredith J. Nelson of counsel), The Brennan Center for Justice at NYU School of Law, New York City ( Priya Raghavan , Ames Grawert and Bryan Furst of counsel), and Cato Institute, Washington, D.C. ( Ilya Shapiro of counsel), for The Brennan Center for Justice at NYU School of Law and another, amici curiae.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division decision should be affirmed. Defendant impliedly consented to the monitoring and recording of his telephone calls (see United States v Conley, 531 F.3d 56, 58 [1st Cir 2008]; United States v Verdin-Garcia, 516 F.3d 884, 894 [10th Cir 2008]; United States...

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