People v. Losinno

Memorandum. In our view, the Appellate Division erred in holding that the warrant was invalid on its face. The warrant directed the District Attorney "or any other person or persons expressly designated by you” to conduct the wiretap. The Appellate Division found that this violated CPL 700.30 (subd 5) which provides that the "warrant must contain * * * [t]he identity of the law enforcement agency to intercept the communications”. There is no question but that the District Attorney is a law enforcement officer, and it is clear enough that the warrant did identify the law enforcement agency…