People v Viggiano
2008 NY Slip Op 02312 [49 AD3d 1234]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


The People of the State of New York, Appellant, v Salvatore Viggiano, Respondent. (Appeal No. 3.)

—[*1] Andrew M. Cuomo, Attorney General, Albany (Hannah Stith Long of counsel), for appellant.

Felix V. Lapine, Rochester, for defendant-respondent.

Appeal from an order of the Monroe County Court (John J. Connell, J.), entered March 2, 2007. The order granted that part of the omnibus motion of defendant seeking to suppress all evidence obtained as a result of eavesdropping warrants.

It is hereby ordered that the order so appealed from is unanimously affirmed and the indictment is dismissed.

Same memorandum as in People v Barbosa (49 AD3d — [2008]). Present—Scudder, P.J., Hurlbutt, Lunn, Pine and Gorski, JJ.