Legal Opinion

People v. Mastrodonato

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1988PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Callahan, J. P.

On this appeal, we are called upon to determine whether law enforcement officials may use information inadvertently intercepted during the course of an authorized wiretap, which concerns unrelated criminal activities by a person not named in the wiretap order, to support an application for a search warrant against that person without first seeking to amend the original eavesdropping warrant pursuant to CPL 700.65 (4).

The essential facts are not in dispute. On September 15, 1986, Monroe County Court Judge John Connell issued an eavesdropping warrant…

2Cases cited8 opinions

  1. Coolidge v. New HampshireSupreme Court of the United States · 1971
  2. People v. Di StefanoNew York Court of Appeals · 1976
  3. People v. SpinelliNew York Court of Appeals · 1974
  4. United States v. AloiDistrict Court, E.D. New York · 1977
  5. United States v. DePalmaDistrict Court, S.D. New York · 1978

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3Cited by1 opinion

  1. People v. MastrodonatoNew York Court of Appeals · 1989

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