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PEOPLE v. BERGER

18 N.Y.2d 638 (1966)

The People of the State of New York, Respondent v. Ralph Berger, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1966.

Attorney(s) appearing for the Case

Joseph E. Brill and Bernard J. Levy for appellant.

Frank S. Hogan, District Attorney (H. Richard Uviller, Alan F. Leibowitz and Jeremiah B. McKenna of counsel), for respondent.

Concur: Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING. Dissent: Chief Judge DESMOND and Judge FULD.

Judgment affirmed; no opinion.

Chief Judge DESMOND and Judge FULD dissent and vote to reverse on the ground that the electronic eavesdrops inside two offices, one of which was a law office, were unconstitutional under the Fourth Amendment as a physical intrusion into private premises and as a "general search" for evidence. (See Siegel v. People, 16 N.Y.2d 330, 333, per DESMOND, Ch. J. [dissenting]; People v. McCall

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