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Legal Opinion

The People v. Anthony Badalamenti

New York Court of Appeals

Decided April 5, 2016No. 71PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Fahey, J.

We hold that the definition of consent, in the context of “mechanical overhearing of a conversation” pursuant to Penal Law § 250.00 (2), includes vicarious consent, on behalf of a minor child.

Our decision sets out a narrowly tailored test for vicarious consent that requires a court to determine (1) that a parent or guardian had a good faith belief that the recording of a *427conversation to which the child was a party was necessary to serve the best interests of the child and (2) that there was an objectively reasonable basis for this belief.

I

In 2008, defendant lived…

2Cases cited17 opinions

  1. Vernonia School District 47J v. ActonSupreme Court of the United States · 1995
  2. People v. UdzinskiAppellate Division of the Supreme Court of the State of New York · 1989
  3. Bellotti v. BairdSupreme Court of the United States · 1979
  4. People of State of New York v. GregaNew York Court of Appeals · 1988
  5. People v. BasilicatoNew York Court of Appeals · 1984

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3Cited by10 opinions

  1. People v. BarberAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. PetersenAppellate Division of the Supreme Court of the State of New York · 2021
  3. People v. BartholomewAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. WatkinsAppellate Division of the Supreme Court of the State of New York · 2021
  5. MBIA Ins. Corp. v. Credit Suisse Sec. (USA) LLCNew York Supreme Court · 2017

5 more not listed; retrieve them via the Exa API.

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