Legal Opinion
People v. Martello
New York Court of Appeals
Decided July 6, 1999PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
In People v Bialostok (80 NY2d 738), this Court held that a pen register device capable of being adapted to monitor telephone conversations should be treated as an eavesdropping device subject to the probable cause requirements of article 700 of the New York Criminal Procedure Law. 1 The issue on this appeal is whether Bialostok should be applied retroactively, so as to govern all pen register surveillance, including the one involved on this appeal, conducted by members of law enforcement in this State prior to the issuance of the Bialostok ruling. We conclude…
2Cases cited13 opinions
- Griffith v. KentuckySupreme Court of the United States · 1987
- Smith v. MarylandSupreme Court of the United States · 1979
- Great Northern Railway Co. v. Sunburst Oil & Refining Co.Supreme Court of the United States · 1932
- American Trucking Assns., Inc. v. SmithSupreme Court of the United States · 1990
- People v. FavorNew York Court of Appeals · 1993
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- People v. SorbelloAppellate Division of the Supreme Court of the State of New York · 2001
- People v. BrazilAppellate Division of the Supreme Court of the State of New York · 2014
- People v. OdleAppellate Division of the Supreme Court of the State of New York · 2015
- People v. PalmeriAppellate Division of the Supreme Court of the State of New York · 2000
- People v. KramerAppellate Division of the Supreme Court of the State of New York · 1999
11 more not listed; retrieve them via the Exa API.