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People v. Berger

Court of Appeals of the State of New York
Jul 7, 1966
18 N.Y.2d 638 (N.Y. 1966)

Summary

In People v. Berger (18 N.Y.2d 638, supra), the eavesdropping produced conversations relating to the crime under investigation and described in the affidavit supporting the order.

Summary of this case from People v. Grossman

Opinion

Argued June 2, 1966

Decided July 7, 1966

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MITCHELL D. SCHWEITZER, J.

Joseph E. Brill and Bernard J. Levy for appellant.

Frank S. Hogan, District Attorney ( H. Richard Uviller, Alan F. Leibowitz and Jeremiah B. McKenna of counsel), for respondent.


Judgment affirmed; no opinion.

Concur: Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING. Chief Judge DESMOND and Judge FULD dissent and vote to reverse on the ground that the electronic eavesdrops inside two offices, one of which was a law office, were unconstitutional under the Fourth Amendment as a physical intrusion into private premises and as a "general search" for evidence. (See Siegel v. People, 16 N.Y.2d 330, 333, per DESMOND, Ch. J. [dissenting]; People v. McCall, 17 N.Y.2d 152, 161, per DESMOND, Ch. J. [concurring]; People v. Grossman, 45 Misc.2d 557; cf. Stanford v. Texas, 379 U.S. 476; Silverman v. United States, 365 U.S. 505.)


Summaries of

People v. Berger

Court of Appeals of the State of New York
Jul 7, 1966
18 N.Y.2d 638 (N.Y. 1966)

In People v. Berger (18 N.Y.2d 638, supra), the eavesdropping produced conversations relating to the crime under investigation and described in the affidavit supporting the order.

Summary of this case from People v. Grossman
Case details for

People v. Berger

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RALPH BERGER, Appellant

Court:Court of Appeals of the State of New York

Date published: Jul 7, 1966

Citations

18 N.Y.2d 638 (N.Y. 1966)
272 N.Y.S.2d 782
219 N.E.2d 295

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