Opinion
Argued October 5, 1972
Decided November 2, 1972
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HAROLD BIRNS, J.
Thomas R. Newman, Benjamin H. Siff and John J. Bower for appellant.
Frank S. Hogan, District Attorney ( Herman Kaufman, Michael R. Juviler and Lewis R. Friedman, of counsel), for respondent.
Order affirmed. There was adequate evidence supportive of the search warrants and there was probable cause for defendant's arrest and the seizure of his briefcase, without reference, in either case, to the evidence recorded by the pen register. (For description thereof, see United States v. Covello, 410 F.2d 536, 542, n. 7 [2d Cir., 1969], cert. den. 396 U.S. 879.)
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.