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PEOPLE STATE NEW YORK v. ELLIS MACHLOVITZ AND PHILIP INZERILLO (09/06/68)

NEW YORK SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT


September 6, 1968

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ELLIS MACHLOVITZ AND PHILIP INZERILLO, APPELLANTS

Appeal from judgments of the District Court of Nassau County, First District (Francis J. Donovan, J.), rendered March 4, 1966, upon verdicts convicting the defendants of violating sections 1146 and 1148 of the former Penal Law. (See 49 Misc. 2d 358.)

Concur -- Hogan, P. J., Glickman and Pittoni, JJ.

Author: Per Curiam

 The People having failed to establish the reliability of the informant, probable cause for the issuance of the wiretap order was lacking and the evidence obtained from this source was inadmissible (People v. Kaiser, 21 N.Y.2d 86; People v. Horowitz, 21 N.Y.2d 55; People v. McCall, 17 N.Y.2d 152). While there was other evidence in the record which may have been derived from a source independent of the illegal wiretap and may have been sufficient to convict, the tapes played in the presence of the jury contained prejudicial admissions. Under these circumstances, defendants are entitled to a new trial.

The judgments of conviction should be unanimously reversed on the law and facts, and a new trial ordered.

Judgments reversed, etc.

Disposition

Judgments reversed, etc.

19680906

© 1998 VersusLaw Inc.



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