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MATTER OF DI ORIO v. MURPHY

20 A.D.2d 754 (1964)

In the Matter of Frank Di Orio, Petitioner, v. Patrick V. Murphy, as Chief of Police of The City of Syracuse, et al., Respondents

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

February 27, 1964

Determination unanimously annulled, without costs, and matter remitted for further proceedings in accordance with the memorandum.

Memorandum:

Petitioner should have been permitted to present the proof offered by him to show that telephone conversations with his attorney concerning the charges against him were monitored by a Police Department wire tap. Such an interference with his right to private consultations with his lawyer would, if proven, constitute...

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