People vs. Prevete
(Cite as: 142 A.D.2d 694, 531 N.Y.S.2d 508)

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The PEOPLE, etc., Appellant,
v.
David PREVETE, Daniel Johnson, Richard Nicosia, Michael Keehner, Larry Guadagno
and Nicholas Pallotta, Respondents.
Supreme Court of New York, Appellate Division,
Second Department.
July 18, 1988

John J. Santucci, Dist. Atty., Kew Gardens (Andrew Zwerling, of counsel), for appellant. Mahler & Harris, P.C., Kew Gardens (Stephen R. Mahler, of counsel), for respondents David Prevete and Richard Nicosia. John C. Groarke, Maspeth, for respondent Daniel Johnson (relying on the briefs of the other respondents). Andrew D. Polin, Glen Cove, for respondent Larry Guadagno.

Appeal by the People from an order of the Supreme Court, Queens County (Clabby, J.), dated June 3, 1986, which, after a hearing granted those branches of the defendants' omnibus motions which were to suppress eavesdropping evidence. ORDERED that the order is reversed, on the law, those branches of the defendants' motions which were to suppress eavesdropping evidence are

(Cite as: 142 A.D.2d 694, 531 N.Y.S.2d 508)
denied, and the matter is remitted to the Supreme Court, Queens County, for further proceedings (
see, People v. Penasso, 142 A.D.2d 691, 531 N.Y.S.2d 291).

BROWN, J.P., and KUNZEMAN, RUBIN and KOOPER, JJ., concur.
N.Y.A.D. 2 Dept. 1988.
People v. Prevete
END OF DOCUMENT

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