People v. Simmons

The People move to resettle an order of this court suppressing wiretap evidence.

A lengthy hearing on defendants’ application to controvert five eavesdropping warrants culminated on December 15, 1975 with the granting of the motion and the suppressing of "all communications and evidence derived therefrom.” The decision resulted from the failure to timely seal the recordings as required by statute (84 Mise 2d 749, 755).

On December 31, 1975, acting upon the assumption that all evidence relating to the defendants had been suppressed, the People filed a notice of appeal and a statement that they…