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SACKLER v. SACKLER

15 N.Y.2d 40 (1964)

Abraham M. Sackler, Respondent, v. Gloria Sackler, Appellant.

Court of Appeals of the State of New York.

Decided December 3, 1964.

Attorney(s) appearing for the Case

Morris H. Halpern and Abraham J. Heller for appellant.

Charles Rothenberg and Sidney Rothenberg for respondent.

Judges DYE, FULD, BURKE and SCILEPPI concur with Chief Judge DESMOND; Judge VAN VOORHIS dissents in an opinion in which Judge BERGAN concurs; Judge BERGAN dissents in a separate opinion.

Chief Judge DESMOND.

Plaintiff husband was given a divorce judgment against his wife on a jury's verdict of adultery, and the Appellate Division agreed. The question of law on this appeal: should the proof as to the wife's guilt have been excluded from evidence because it was gotten by means of an illegal forcible entry into the wife's home by the husband and several private investigators employed by him? Agreeing...

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