SIEGEL v. PEOPLE


16 N.Y.2d 330 (1965)

Hyman D. Siegel, Appellant, v. People of the State of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided December 30, 1965.


Attorney(s) appearing for the Case

Matthew H. Brandenburg for appellant.

Frank S. Hogan, District Attorney (Raymond S. Hack and H. Richard Uviller of counsel), for respondent.

Judges DYE and BERGAN concur on the ground that any action of the Appellate Division in this proceeding is purely discretionary and not reviewable by this court and Judges BURKE and SCILEPPI for the reasons stated in their memorandum; Chief Judge DESMOND dissents and votes to reverse and to grant partial relief to petitioner in an opinion in which Judges FULD and VAN VOORHIS concur.


BURKE and SCILEPPI, JJ.

The order of this court granting leave to appeal should be vacated. An ex parte application for an order for eavesdropping is criminal in nature (Code Crim. Pro., § 813-a). It always has been the rule that unless there is a provision in the Code of Criminal Procedure permitting an application in connection with, or an appeal from, an order of a criminal nature, no review may be had. There is,...

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