People v. Kass

Dillon, J. (dissenting).

The defendant was incarcerated awaiting trial on a grand larceny charge when the police received information from a confidential informant that the defendant was looking for a “hit man” to murder two individuals expected to testify at the defendant’s impending trial. The police commenced an investigation in which the defendant was led to believe that he was hiring an associate of the informant to kill the two prospective witnesses for money.

During the investigation, the police recorded several phone conversations between the defendant and Detective James MacDonald, who…