Court of Appeals of New York

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People v. Rodriguez, 73

In a prosecution for criminal sale of a controlled substance in the first degree and conspiracy in the second degree, in which the prosecution failed to timely notify the defendant of an eavesdropping warrant, the conviction is affirmed, where suppression of the evidence obtained from the tapped phone calls under CPL 700.50(3) was not required because: 1) the defendant received notice at arraignment, in accordance with CPL 700.70; and 2) no prejudice resulting from the lack of pre-arraignment notice was shown.

Appellate Information

  • Decided 04/26/2012
  • Published 04/26/2012

Judges

  • Pigott

Court

  • Court of Appeals of New York

Counsel

  • For Appellant:
  • Susan H. Salomon, Alice Wiseman

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