| (Cite as: 142 A.D.2d 694, 531 N.Y.S.2d 508) |
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The PEOPLE, etc., Appellant,
v.
David PREVETE, Ralph Laezza, Richard Eisenbach, Richard Sciarra,
Vincent DeCongilio, Anthony Prevete, Charles Graves, Daniel Johnson and Bruno
Antonioli, 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, Anthony Prevete and Richard Eisenbach. Hyman J. Greenberg and Todd Greenberg, Kew Gardens (Spiros Tsimbinos, of counsel), for respondents Ralph Laezza and Richard Sciarra. James Michael Merberg, Boston, Mass., for respondent Vincent DeCongilio (relying on the briefs of the other respondents). Solomon H. Kaplan, New York City, for respondent Charles Graves (relying on the briefs of the other respondents). John C. Groarke, Maspeth, for respondent Daniel Johnson (relying on the briefs of the other respondents).
| (Cite as: 142 A.D.2d 694, 531 N.Y.S.2d 508) |
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 appeal from so much of the order as affects the defendant Antonioli is dismissed as academic, and the indictment is dismissed as to him, as he died during the pendency of this appeal, and the action abated as to him (see, People v. Mintz, 20 N.Y.2d 753, 283 N.Y.S.2d 120, 229 N.E.2d 712); and it is further, ORDERED that the order is otherwise reversed, on the law, those branches of the remaining defendants' omnibus motions which were to suppress eavesdropping evidence are 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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