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UNITED STATES v. KAUFER

No. 212, Docket 32692.

406 F.2d 550 (1969)

UNITED STATES of America, Appellee, v. Samuel A. KAUFER, Appellant.

United States Court of Appeals Second Circuit.

Decided January 14, 1969.

Judgment Affirmed April 1, 1969.

Attorney(s) appearing for the Case

Ross Sandler, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for the Southern District of New York and Charles P. Sifton, Asst. U. S. Atty., on the brief), for appellee.

Frederick H. Block, New York City, for appellant.

Before LUMBARD, Chief Judge, FRIENDLY, Circuit Judge, and FRANKEL, District Judge.

Judgment Affirmed April 1, 1969. See 89 S.Ct. 1223.

PER CURIAM:

This appeal turns on whether Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967), which held that the use of evidence obtained by attaching an electronic listening device to the outside of a public telephone booth was unconstitutional, and which was decided, coincidentally, on the same day we affirmed Kaufer's conviction, requires a reversal...

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