How has Section 2518 of the New York State Criminal Code been interpreted in the context of a delay in processing and sealing a wiretapping wiretap?

MultiRegion, United States of America

The following excerpt is from U.S. v. McGrath, 622 F.2d 36 (2nd Cir. 1980):

Needless to say, section 2518 was not intended to bar use of wiretaps only when the defendant can show prejudice or present evidence of tampering or other governmental bad faith. The statute imposes an affirmative responsibility on the Government. See United States v. Vazquez, supra. Here, however, given that the delay was relatively short and included one weekend, and that no evidence of prejudice or foul play was presented, we accept as satisfactory the Government's explanation that it was "reasonably necessary" to transport the tapes from Binghamton to Albany for duplication and processing, and thence to Auburn for sealing.

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