People v. Martello, 99 N.Y. Int. 0113 (July 6, 1999).     1.
Whether People v. Bialostok, holding that a pen register device
capable of being adapted to monitor telephone conversations
should be treated as an eavesdropping device, should be applied
retroactively, and govern all pen register surveillance,
including the case on appeal conducted by law enforcement
personnel before the Bialostok ruling.  2. Whether legislative
enactments after the Bialostok decision caused Bialostok to
cease to be applicable to this case.   1. No. This is a state
issue and, analyzing the factors to be considered under state
law, including purpose, reliance, and the effect on
administration of justice, retroactivity should not occur.  2.
Yes. Criminal Procedure Law article 705 addressed pen registers
and also modified the definition of eavesdropping in CPL article
700.05(1) to exclude the use of pen register devices when
authorized by CPL article 705.   The defendant, Paul Martello,
was convicted of attempted coercion in the first