ALBANY - Suppression of wiretap evidence is not required absent a showing of prejudice when the defendant does not receive timely notice of the eavesdropping warrant, a divided Court of Appeals has held.
The court split 5-2 in affirming the Appellate Division, First Department, with the judges differing on whether suppression is the remedy for a violation of CPL 700.50(3) even when the defendant was not harmed by the late notice.
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