People v. Ward

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, defendant’s conviction vacated, and the case remitted for further proceedings on the indictment.

The principal evidence introduced at the trial was a portion of a tape recording of an extended conversation in the course of which defendant admitted his participation in the burglary of a residence in the Town of Niskayuna of which he was charged and convicted. The trial court properly held that the recording was not in itself suppressible, inasmuch as it had been made with the consent of a cooperating informer…