New York Court of Appeals, 1980

People v. Weiss

New York Court of Appeals · Decided January 3, 1980

48 N.Y.2d 988; 401 N.E.2d 901; 425 N.Y.S.2d 543; 1980 N.Y. LEXIS 2044

Cases that cite this one

12 later published cases cite this decision.

People v. Griffin (Appellate Division of the Supreme Court of New York 2004)
People v. Fonville (Appellate Division of the Supreme Court of New York 1998)
People v. Jian Jing Huang (Appellate Division of the Supreme Court of New York 1998)
People v. Contento (Appellate Division of the Supreme Court of New York 1989)
People v. Winograd (N.Y. 1986)
People v. Basilicato (N.Y. 1984)
People v. Konyack (Appellate Division of the Supreme Court of New York 1984)
People v. Gallina (Appellate Division of the Supreme Court of New York 1983)
People v. Melillo (New York Supreme Court 1982)
People v. Edelstein (N.Y. 1981)
People v. Seidita (N.Y. 1980)
People v. Versace (Appellate Division of the Supreme Court of New York 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The Appellate Division correctly determined that CPL 700.50 (subd 2) requires that recordings made pursuant to an eavesdropping warrant be sealed at the expiration of the warrant and at the close of each extension thereafter granted (People v Washington, 46 NY2d 116, 122-123). The People, having offered no satisfactory explanation for the untoward delay in sealing both sets of tapes, must now suffer the consequences of suppression. Failure to timely seal renders inadmissible both the tapes and any evidence seized pursuant to a search warrant issued after the obligation to seal arose based on information gleaned from the tapes. Evidence acquired pursuant to a warrant obtained prior to the time when sealing was required would not be so precluded.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.