Opinion
Argued January 15, 1981
Decided February 17, 1981
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, RICHARD C. DELIN, J.
Denis Dillon, District Attorney (Anthony J. Girese and William C. Donnino of counsel), for appellant.
Ramsey Clark and David A. Englander for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
We agree with that court, and for the reasons stated in its memorandum decision ( 70 A.D.2d 890), that the October 15, 1976 amendment of the wiretap warrant to cover bribe-related conversations was not obtained "as soon as practicable" as required by the statute (CPL 700.65, subd 4). Accordingly, evidence seized pursuant to that amendment was properly suppressed.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed in a memorandum.