People v. Ferrandino

This is a motion to suppress evidence obtained by wiretap. The defendant has not been indicted but there have been a felony complaint and two misdemeanor informations filed against him charging violations of sections 225.05, 225.15 and 225.20 of the Penal Law. Pursuant to CPL 710.50 (subd. 1, par. [b]) the motion is properly before this court despite the absence of an indictment to date.

The facts involved are not substantially controverted. An eavesdropping warrant was issued pursuant to section 815 of the Code of Criminal Procedure, then in effect. That section authorizes the issuance of…