MTR. OF INTERCEPTION OF TEL. COMS.


9 Misc.2d 121 (1958)

In the Matter of Interception of Telephone Communications.

Supreme Court, Special Term, New York County.

January 2, 1958.


SAMUEL H. HOFSTADTER, J.

Under the decision of the United States Supreme Court in United States v. Benanti (355 U.S. 96), decided December 9, 1957, no wiretap order pursuant to section 813-a of the Code of Criminal Procedure1 may lawfully be issued.

As we have no system of advisory opinions in this State and, according to our practice...

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