New York Court of Appeals, 1966

People v. Berger

New York Court of Appeals · Decided July 7, 1966 · Amendment, Bergan, Burke, Desmond, Evidence, Fuld, Grossman, Inside, Keating, McCall, Misc, Office, Offices, People, Premises, Scileppi, Search, Silverman, Stanford, That, Under, Vookhis, Vote

18 N.Y.2d 638; 219 N.E.2d 295; 272 N.Y.S.2d 782; 1966 N.Y. LEXIS 1213

Opinion of the Court

Judgment affirmed; no opinion.

Concur: Judges VaN Vookhis, 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.)

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