Opinion
December 29, 1993
Appeal from the Supreme Court, Cayuga County, Contiguglia, J.
Present — Denman, P.J., Pine, Lawton, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The court properly dismissed the petition seeking a writ of habeas corpus. Even assuming that the amendment to CPL 470.05 applies to petitioner's case, the record shows that, under either version of the statute, petitioner failed to preserve the issue now argued concerning sealing of wiretap tapes. Petitioner's reliance on People v Cantineri ( 134 A.D.2d 856) is misplaced because the basis for reversal in that case was that the eavesdropping warrant had expired before the conversations implicating Cantineri were intercepted.