People v. Anthony Badalamenti


AD2 order dated January 14, 2015, affirming judgment of conviction. Decision below: 124 AD3d 672, 1 NYS3d 242. Fahey, J., granted leave March 31, 2015. Argued February 11, 2016.
ISSUE PRESENTED: (1) Whether there is a “vicarious consent” exception to PL 250.05 (no eavesdropping without the consent of at least one party to the conversation) where a child’s parent records a conversation between the child and a third party. (2) Variance between court’s change and indictment allegations. (3) Prosecutorial misconduct. (4) Admissibility of testimony of a child’s teacher. (5) Imposition of sentence as punishment for going to trial. (Assigned counsel: Marianne Karas, 980 Broadway, Suite 324, Thornwood, NY 10594.)