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People v. Berger

219 N.E.2d 295, 18 N.Y.2d 638, 272 N.Y.S.2d 782, 1966 N.Y. LEXIS 1213
CourtNew York Court of Appeals
DecidedJuly 7, 1966
StatusPublished
Cited by2 cases

This text of 219 N.E.2d 295 (People v. Berger) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Berger, 219 N.E.2d 295, 18 N.Y.2d 638, 272 N.Y.S.2d 782, 1966 N.Y. LEXIS 1213 (N.Y. 1966).

Opinion

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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Related

Berger v. New York
388 U.S. 41 (Supreme Court, 1967)

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Bluebook (online)
219 N.E.2d 295, 18 N.Y.2d 638, 272 N.Y.S.2d 782, 1966 N.Y. LEXIS 1213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-berger-ny-1966.