Opinion
Argued June 2, 1966
Decided July 7, 1966
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, DOMINIC S. RINALDI, J.
Eugene Gold for appellant.
Aaron E. Koota, District Attorney ( William I. Siegel of counsel), for respondent.
Order affirmed; no opinion.
Concur: Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.
Judge FULD dissents in the following memorandum in which Chief Judge DESMOND concurs:
I adhere to the views I expressed in People v. Dinan ( 11 N.Y.2d 350, 357) — that evidence should be excluded if obtained by interception of telephone communications in contravention of the Federal Communications Act, and, accordingly, vote to reverse the order appealed from.