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PEOPLE v. HABEL

25 A.D.2d 182 (1966)

The People of the State of New York, Respondent, v. Henry Habel, Arthur McGovern, Kenneth Burkard, Julio Rodriguez and Morgan Seifert, Appellants

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

March 29, 1966.

Attorney(s) appearing for the Case

Raymond W. Bergan of counsel (Henry Mayer, Abraham Weiner and Jerome Wenig with him on the brief; Mayer, Weiner & Mayer and Williams, Wadden & Stein, attorneys), for Henry Habel and others, appellants.

Victor Rabinowitz of counsel (Leonard B. Boudin and Arthur Schutzer with him on the brief; Rabinowitz & Boudin, attorneys for Morgan Seifert; Samuel A. Neuberger, attorney for Kenneth Burkard), for Morgan Seifert and another, appellants.

John J. McAvoy, co-operating attorney, New York Civil Liberties Union, amicus curiæ.

Michael Juviler of counsel (H. Richard Uviller with him on the brief; Frank S. Hogan, District Attorney), for respondent.

BOTEIN, P. J., McNALLY, EAGER and STALEY, JJ., concur.

Per Curiam.

After the trial court denied a motion by defendants to suppress evidence of conversations obtained pursuant to eavesdropping orders issued under section 813-a of the Code of Criminal Procedure, each defendant, with the permission of the court, withdrew his plea of not guilty and pleaded guilty to the crime of conspiracy to commit the crime of assault in the third degree, a misdemeanor, under the first count...

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