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PUGACH v. DOLLINGER

Nos. 306, 307, Dockets 26116, 26147.

277 F.2d 739 (1960)

Burton N. PUGACH, Petitioner-Appellant, v. Honorable Isidore DOLLINGER, District Attorney of Bronx County, and Honorable Stephen P. Kennedy, Police Commissioner of the City of New York, Respondents-Appellees. John O'ROURKE, Joseph De Grandis, Frank De Forte, Ernest Zundel, Herbert Jacob, Eugene Jacob, Lawrence Gallo, Joseph Gallo, Norman J. Clark, Jr., Charles De Forte, Anthony Pafumi, also known as Angelo Pafumi, Kenneth Ciazza, Pasquale Catroppa, Phillip Losquadro and Vincent Losquadro, Plaintiffs-Appellants, v. Manuel W. LEVINE, individually, and as District Attorney of Nassau County, State of New York, and John M. Beckmann, individually, and as Commissioner of Police of Nassau County, State of New York, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided April 14, 1960.

Attorney(s) appearing for the Case

Herbert S. Siegal and Louis Fusco, Jr., New York City, for appellant Burton N. Pugach.

Arthur Karger, New York City (Zoloto & Karger, Jacques M. Schiffer, New York City, Price & Iovine and Leo Healy, Brooklyn, N. Y., on the brief), for appellants John O'Rourke et al.

Emanuel Redfield, New York City, for the New York Civil Liberties Union, amicus curiae.

Irving Anolik, Asst. Dist. Atty., New York City (Isidore Dollinger, Dist. Atty., and Walter E. Dillon, Asst. Dist. Atty., New York City, on the brief), for appellees Isidore Dollinger and Stephen P. Kennedy.

Henry P. Devine, Asst. Dist. Atty., Nassau County (Manuel W. Levine, Dist. Atty., Port Washington, N. Y., on the brief), for appellees Manuel W. Levine and John M. Beckmann.

Louis J. Lefkowitz, Atty. Gen., State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., George K. Bernstein, Asst. Atty. Gen. and Vincent A. Marsicano, Asst. Atty. Gen., amicus curiae.

Before LUMBARD, Chief Judge, and CLARK, WATERMAN, MOORE and FRIENDLY, Circuit Judges.

LUMBARD, Chief Judge.

The question for decision is whether a federal court should enjoin state officers from divulging wiretap evidence in a state criminal trial, when introduction of this evidence will constitute the violation of a federal criminal statute. In the two cases before us Judges Bryan and Rayfiel both refused to grant injunctive relief, and we affirm their judgments.

In No. 306, Pugach v. Dollinger, appellant and several others were indicted in...

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