PEOPLE v. HUANG

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.