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PEOPLE v. SCARDACCIONE

41 Misc.2d 433 (1963)

The People of the State of New York, Plaintiff, v. Michael Scardaccione, Defendant.

Supreme Court, Criminal Term, Kings County.

December 31, 1963

Attorney(s) appearing for the Case

Gold & Kleinman (Eugene Gold of counsel), for defendant. Edward S. Silver, District Attorney (Morton J. Levine and William Siegel of counsel), for plaintiff.

JULIUS HELFAND, J.

Defendant, indicted for crimes of abortion, moves, in his own words, "to determine whether there has been a violation of section 813-a of the Code of Criminal Procedure for the purpose of enforcing the statutory mandate of section 4506 of the Civil Practice Law and Rules which provides that evidence obtained by means of eavesdropping without a court order shall be inadmissible in criminal...

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