People v. Weiss

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The Appellate Division correctly determined that CPL 700.50 (subd 2) requires that recordings made pursuant to an eavesdropping warrant be sealed at the expiration of the warrant and at the close of each extension thereafter granted (People v Washington, 46 NY2d 116, 122-123). The People, having offered no satisfactory explanation for the untoward delay in sealing both sets of tapes, must now suffer the consequences of suppression. Failure to timely seal renders inadmissible both the tapes and any evidence…