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MATTER OF SARISOHN

21 N.Y.2d 36 (1967)

In the Matter of Proceedings against Suffolk County District Court Judge Floyd Sarisohn, Appellant. Appellate Division of the Supreme Court of the State of New York, Second Judicial Department, Respondent.

Court of Appeals of the State of New York.

Decided December 7, 1967.

Attorney(s) appearing for the Case

Frederic Block and Arthur Goldstein for appellant.

Solomon A. Klein for respondent.

Opinion by Judge BREITEL. All concur, Chief Judge FULD as to the first charge on the additional ground that, in consequence of the decision in Berger v. New York (), section 813-a of the Code of Criminal Procedure is unconstitutional in its entirety "on its face" (p. 55); that no authorization existed for an ex parte order permitting eavesdropping, i.e., wiretapping; and that the conversations intercepted by such wiretapping should not have been received in evidence. (See dissenting opn., People v. Kaiser, , also decided today.) Judge BERGAN taking no part.

BREITEL, J.

FLOYD SARISOHN, elected as a Suffolk County District Court Judge for a term commencing January 1, 1964, appeals from an order of the Appellate Division, Second Department, entered May 15, 1967. That court, pursuant to section 132 of the Code of Criminal Procedure, removed him from office and prohibited him from thereafter holding any judicial office, appointive...

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