People v. Nicoletti

Over objection, recorded telephone conversations intercepted pursuant to an eavesdropping warrant, were introduced into evidence at defendants’ joint trial for conspiracy (Penal Law, § 105.00) and promoting gambling (Penal Law, § 225.05). On these appeals from orders of the Appellate Division affirming their convictions, the determinative issue is whether the absence of seals on the recordings was sufficiently explained to justify their admission into evidence.

We reverse and hold, as a matter of law, that the absence of seals was insufficiently explained and that the recordings were…