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PEOPLE v. DINAN

7 A.D.2d 119 (1958)

The People of the State of New York, Appellant, v. Floyd Dinan, Respondent The People of the State of New York, Appellant, v. Milton Poplees, Respondent The People of the State of New York, Appellant, v. Frank Castellucci, Respondent The People of the State of New York, Appellant, v. Frank Poplees, Also Known as Frank Day, Respondent The People of the State of New York, Appellant, v. Albert Bricker, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 22, 1958.

Attorney(s) appearing for the Case

Joseph F. Gagliardi, District Attorney (Leonard Rubenfeld, Arthur V. Praete and Warren J. Schneider of counsel), for appellant.

George W. Scapolito and Walter B. Solinger, II, for respondents.

Frank S. Hogan, District Attorney (Richard G. Denzer and H. Richard Uviller of counsel), for New York State District Attorneys' Association, amicus curiæ.

BELDOCK, UGHETTA, HALLINAN and KLEINFELD, JJ., concur.

WENZEL, Acting P. J.

The question for determination is whether the decision of the Supreme Court of the United States in Benanti v. United States (355 U.S. 96, decided Dec. 9, 1957) requires or impels reversal of the rule of evidence which has been settled by the Court of Appeals of this State, namely, that evidence procured as a result of telephone wire tapping is admissible...

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