Opinion
Argued April 14, 1969
Decided May 28, 1969
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, CHARLES J. GAUGHAN, J.
Michael F. Dillon, District Attorney ( Peter J. Notaro of counsel), for appellant.
Peter L. Parrino for Nicholas Fino, respondent.
Herald Price Fahringer for Nicholas Mauro, respondent.
Herald Price Fahringer and Eugene W. Salisbury for Ralph Velocci, respondent.
Orders affirmed. The question of defendants' standing to challenge the validity of telephone interception orders which supported the search warrant — the sole ground for reversal suggested in this court by the People — was not raised at Trial Term or at the Appellate Division. No special circumstance is shown why the question should be permitted to be raised now for the first time. No opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN.