New York Court of Appeals, 1966

People v. Cohen

New York Court of Appeals · Decided July 7, 1966 · Accordingly, Act, Adhere, Beegan, Bueke, Communications, Contravention, Desmond, Dinan, Excluded, Expressed, From, Fuld, Interception, Keating, Obtained, Scileppi, Should, Voorhis, Vote

18 N.Y.2d 650; 219 N.E.2d 427; 273 N.Y.S.2d 75; 1966 N.Y. LEXIS 1218

Opinion of the Court

Order affirmed; no opinion.

Concur: Judges Van VooRhis, Bueke, Scileppi, Beegan and Keating. Judge Fuld dissents in the following memorandum in which Chief Judge Desmond concurs: I adhere to the views I expressed in People v. Dinan (11 N Y 2d 350, 357) — that evidence should be excluded if obtained by interception of telephone communications in contravention of the Federal Communications Act, and, accordingly, vote to reverse the order appealed from.

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