People v. Mastrodonato

OPINION OF THE COURT

Alexander, J.

A law enforcement officer’s disclosure in a search warrant application of intercepted communications relating to unanticipated criminal activity by persons who are not the targets of the eavesdropping warrant is a use of those communications "appropriate to the proper performance of [the officer’s] official duties” (CPL 700.65 [2]) and not a use "while giving testimony under oath in any criminal proceeding in any court” (CPL 700.65 [3]). Accordingly, no retrospective amendment of the eavesdropping warrant is required by the statute (see, CPL 700.65 [4]).

I

Defend…