New York Court of Appeals
The People of the State of New York v. Peter Di Stefano
February 17, 197638 N.Y.2d 640
Summary
The New York Court of Appeals held that the retroactive amendment provision of CPL 700.65 was satisfied, allowing admission of intercepted communications not originally described in the warrant; that such inadvertent interceptions fall within the plain view doctrine; that the prosecution met its burden on minimization without statistical evidence; and that the revised attempt statute did not alter the People v. Rizzo requirement, leading to dismissal of the attempted robbery charge and reversal of the conspiracy conviction, with the case remanded for further fact review.