Opinion
Argued May 3, 2001
June 11, 2001
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered September 23, 1999, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the grant, after a hearing (Leventhal, J.), of that branch of the People's motion which was to suppress an audiotape containing the victim's conversation with another person.
Goldberger Dubin, P.C., New York, N.Y. (Lawrence A. Dubin and Stacey Van Malden of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ann Bordley of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed.
The hearing court properly suppressed the audiotape containing the victim's conversation with another person. The evidence adduced at the hearing established that the defendant wiretapped the victim's telephone. Therefore, the hearing court properly concluded that the audiotape in the defendant's possession was obtained by means of illegal eavesdropping (see, CPLR 4506; CPL 60.10; People v. Capolongo, 85 N.Y.2d 151).
The defendant's contention that he received ineffective assistance of counsel is without merit (see, People v. Benevento, 91 N.Y.2d 708).
The defendant's remaining contentions are without merit.