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People v. Bryant

175 A.D.2d 675 Court N.Y. App. Div. Decision date 1991-07-12 English

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p. 675
The People of the State of New York, Respondent, v William Bryant, Appellant.

— Judgment unanimously affirmed. Memorandum: There is no merit to defendant’s contention that evidence obtained as a result of an eavesdropping warrant should have been suppressed. In reviewing the application for an eavesdropping warrant, the People’s showing must be reviewed in a practical and common sense, not hypertechnical, fashion in the context of the subject investigation (see, People v Hafner, 152 AD2d 961 , 962; People v Campaigni, 151 AD2d 1010 , lv denied 74 NY2d 845 ; People v Baris, 116 AD2d 174 , 187, lv denied 67 NY2d 1050 ; People v Gallina, 95 AD2d 336 , 340). In the circumstances of this case, we find that the People adequately established that there was probable cause for the warrant and that normal investigative techniques were unavailing (see, People v Bachiller, 159 AD2d 955 , lv denied 76 NY2d 784 ; see also, CPL 700.15).

We have examined defendant’s other contention and find it to be without merit. (Appeal from Judgment of Monroe County Court, Connell, J. — Conspiracy, 2nd Degree.) Present— Denman, J. P., Boomer, Lawton, Lowery and Davis, JJ.

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