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PEOPLE v. BERGER

239 F.Supp. 219 (1965)

The PEOPLE of State of New York, v. Sam BERGER, Defendant. PEOPLE of State of New York, v. Charles DUKE, also known as Charles Kaminetsky, Defendant. PEOPLE of State of New York, v. Harry STEINMAN, Defendant. PEOPLE of State of New York, v. Harry NEYER, Defendant.

United States District Court S. D. New York.

March 18, 1965.

Attorney(s) appearing for the Case

Frank S. Hogan, Dist. Atty. of State of New York, New York City, David A. Goldstein, Asst. Dist. Atty., of counsel, for the People.

Gilbert S. Rosenthal, New York City, for defendant Sam Berger.

Albert J. Krieger, New York City, for defendants Charles Duke, a/k/a Charles Kaminetsky, and Harry Steinman.

Moses L. Kove, New York City, for defendant Harry Neyer. Ernst H. Rosenberger, New York City, of counsel.

LEVET, District Judge.

Motions by the District Attorney of New York County are made in each of the four above-entitled proceedings to remand each to the State Courts.

The questions primarily involved herein relate to the alleged use of electronic eavesdropping devices and the alleged impropriety of the State's use of information thereby obtained in prosecuting the above-named defendants in the State Courts. Thus, the development of science

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