People v. Scardaccione

Defendant, indicted for crimes of abortion, moves, in his own words, ‘1 to determine whether there has been a violation of section 813-a of the Code of Criminal *434Procedure for the purpose of enforcing the statutory mandate of section 4506 of the Civil Practice Law and Buies which provides that evidence obtained by means of eavesdropping without a court order shall be inadmissible in criminal proceedings. ’ ’

It will be immediately noted that the defendant makes no assertion that section 813-a has in fact been violated. The hypothetical form in which his motion is couched is therefore an…