People v. Capolongo

OPINION OF THE COURT

Miller, J.

The critical issue raised on this appeal is whether the People’s failure to serve upon the defendant, within 15 days after his arraignment, a copy of a Canadian wiretap warrant and its accompanying application, constitutes a violation of CPL 700.70 such that the evidence derived therefrom must be suppressed at the defendant’s trial on charges of criminal possession of gambling records in the first degree and promoting gambling in the first degree (35 counts). For the reasons that follow, we hold that CPL 700.70 has no application to a Canadian wiretap, and, thus,…