People v. Cruz

During the course of defendant’s trial for possession and transportation of incendiary bombs (Penal Law, § 265.05, subds. 1, 7; General Business Law, § 322-b) and possession of a weapon (Penal Law, § 265.05, subd. 3), defense counsel alleged that the People were employing information derived from wiretapping of the defendant and defense counsel. In colloquy with the court, the People denied the allegation. On this appeal from affirmance of defendant’s conviction, a principal point urged for reversal is that the People’s denial was insufficient in law and that a hearing should have been…