People State New York v. Peter DI Stefano

[38 N.Y.2d 640 Page 643] We consider for the first time1 the effect of the Criminal Procedure Law provision (CPL 700.65, subd 4) requiring retroactive judicial amendment of an eavesdropping warrant prior to the admission at trial of an intercepted communication which was not otherwise sought, in the original warrant. Present also are questions whether evidence other than statistical data suffices to establish that an eavesdropping warrant was executed in such a manner so as to minimize the interception of communications not otherwise sought to be intercepted and, additionally, whether the revised Penal Law (L 1965, ch 1030) defining an attempt to commit a crime (Penal Law, § 110.00) changed the rule of People v Rizzo (246 NY 334, 337) that the prosecution must establish that defendant was very near to the accomplishment of the intended crime.