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PEOPLE v. METICHECCIA

91 Misc.2d 129 (1977)

The People of the State of New York, Appellant, v. Anthony J. Meticheccia, John A. Tisher and Ralph A. Mauro, Respondents.

Supreme Court, Appellate Term, Second Department.

April 5, 1977

Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (Stephen C. Unsino and Carl F. Lodes of counsel), for appellant. Joseph S. Ragno for respondents.

Concur: FARLEY, P. J., PITTONI and SILBERMAN, JJ.

MEMORANDUM.

Order is unanimously reversed on the law, motion to suppress denied and matter remanded for trial.

Since a pen register does not "intercept communication", its use does not require prior judicial approval (United States v Auler, 539 F.2d 642; United States v Clegg, 509 F.2d 605; United States v Baxter, 492 F.2d 150; Korman...

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