PEOPLE v. SOLONCHAK

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Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. Stephan SOLONCHAK, appellant.

Decided: May 24, 1999

GUY JAMES MANGANO, P.J., WILLIAM D. FRIEDMANN, LEO F. McGINITY, SANDRA J. FEUERSTEIN, JJ. Gary Schoer, Syosset, N.Y., for appellant. James M. Catterson, Jr., District Attorney, Riverhead, N.Y. (Peter S. Smith of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Corso, J.), rendered October 9, 1998, convicting him of conspiracy in the second degree, criminal possession of a controlled substance in the seventh degree, and unlawful possession of marihuana, upon his plea of guilty, and imposing sentence.   The appeal brings up for review the denial of that branch of the defendant's omnibus motion which was to suppress evidence obtained pursuant to an eavesdropping warrant.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the eavesdropping warrant was properly granted.   The affidavits submitted in support of the warrant established that wiretapping would be more effective than surveillance or undercover drug buys since it would reveal the location of the drugs, the scope and growth of the conspiracy, and the identity of its participants (see, People v. Brown, 233 A.D.2d 764, 650 N.Y.S.2d 836;  People v. Hafner, 152 A.D.2d 961, 543 N.Y.S.2d 786;  People v. Rumpel, 111 A.D.2d 481, 482, 488 N.Y.S.2d 867).   Accordingly, the County Court properly denied the defendant's motion to suppress the recorded conversations resulting therefrom.

MEMORANDUM BY THE COURT.

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