People v. Geraghty

—Judgment, Supreme Court, New York County (Frank Torres, J.), rendered December 20, 1993, convicting defendant, upon his plea of guilty, of promoting gambling in the first degree, and sentencing him to an unconditional discharge, unanimously affirmed.

We agree with the motion court that although defendant’s telephone conversations were intercepted by an eavesdropping warrant, he has no derivative right to contest the propriety of a prior pen register order from which information was obtained which constituted a probable cause basis for the eavesdropping warrant (see, People v Varacalli, 154…