PEOPLE v. DINAN


11 N.Y.2d 350 (1962)

The People of the State of New York, Respondent, v. Floyd Dinan, Appellant. The People of the State of New York, Respondent, v. Frank Poplees, Also Known as Frank Day, True Name Francis W. Day, Appellant. The People of the State of New York, Respondent, v. Albert Bricker, Appellant.

Court of Appeals of the State of New York.

Decided May 17, 1962.


Attorney(s) appearing for the Case

Richard J. Burke and Myron L. Shapiro for appellants.

Leonard Rubenfeld, District Attorney (James J. Duggan of counsel), for respondent.

Judges DYE, FROESSEL and FOSTER concur with Judge VAN VOORHIS; Judge FULD dissents in an opinion in which Chief Judge DESMOND and Judge BURKE concur.


VAN VOORHIS, J.

In affirming the judgments of conviction of these defendants on gambling indictments, we consider that the intercepted telephone conversations on which these convictions depend are not rendered inadmissible by recent Federal decisions. The other points raised do not require discussion. They have been examined carefully and resolved in favor of respondent.

In many criminal prosecutions...

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