Opinion
Argued October 18, 1948
Decided November 24, 1948
Appeal from the Supreme Court, Appellate Division, First Department, STREIT, J.
Harry G. Anderson and Harris B. Steinberg for David Krakower, appellant.
Joseph Lonardo for Harvey Stemmer, appellant.
Frank S. Hogan, District Attorney ( Whitman Knapp, Charles W. Manning and William Hoppen of counsel), for respondent.
Judgment affirmed. Upon this appeal the following question was presented and necessarily passed upon: The appellants contended that the receipt in evidence of wire tapped telephone calls was illegal because of section 605 of the Federal Communications Act of 1934 (U.S. Code, tit. 47, § 605). This court held to the contrary. (See Matter of Harlem Check Cashing Corp. v. Bell, 296 N.Y. 15.) No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ.