Legal Opinion

People v. Sher

New York Court of Appeals

Decided February 19, 1976PublishedCited by 37 opinions

1Opinion of the CourtJasen, J.

On October 7, 1971, Seymour Sher was indicted by the Grand Jury of Albany County for the felony of possession of gambling records in the first degree. After trial, the jury convicted the defendant of the charge and the judgment of conviction was affirmed by the Appellate Division. We conclude that the People failed to provide a satisfactory explanation for the absence of seals on tapes of intercepted telephone conversations and would reverse the order of the Appellate Division.

The State Police, acting on the basis of surveillance reports and information derived from court-ordered wiretaps,…

2Cases cited5 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. People v. CrimminsNew York Court of Appeals · 1975
  3. Berger v. New YorkSupreme Court of the United States · 1967
  4. Lee v. FloridaSupreme Court of the United States · 1968
  5. People v. NicolettiNew York Court of Appeals · 1974

3Cited by37 opinions

  1. United States v. Thomas Fury and John QuinnCourt of Appeals for the Second Circuit · 1977
  2. People v. BasilicatoNew York Court of Appeals · 1984
  3. People v. WashingtonNew York Court of Appeals · 1978
  4. People v. GoldfeldAppellate Division of the Supreme Court of the State of New York · 1977
  5. People v. GallinaNew York Court of Appeals · 1985

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