Opinion · New York Court of Appeals

People v. Berger

18 N.Y.2d 638

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1966-07-07
Topic
litigation

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.

Citator

UpLaw has not yet analyzed People v. Berger. The absence of a flag is not a finding that it is good law.

Cited by
2 opinions

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.)