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People v. Berger

The People of the State of New York v. Ralph Berger

People v. Berger, 219 N.E.2d 295 (N.Y. 1966)
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Subsequent history: rev'd sub nom. Berger v. New York, 388 U.S. 41 (1967). (read from the later opinion; check before relying)

Court
New York Court of Appeals · State Highest Courts
Decided
July 7, 1966
Judges
Amendment, Bergan, Burke, Desmond, Evidence, Fuld, Grossman, Inside, Keating, McCall, Misc, Office, Offices, People, Premises, Scileppi, Search, Silverman, Stanford, That, Under, Vookhis, Vote
Citations
219 N.E.2d 29518 N.Y.2d 638272 N.Y.S.2d 7821966 N.Y. LEXIS 1213

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Judgment affirmed; no opinion.

Concur: Judges VaN Vookhis, Burke, Scileppi, BergaN and KeatiNG. Chief Judge DesmoNd and Judge Fuld dissent and vote to reverse on the ground that the electronic eavesdrops inside two offices, one of which was a law office, were unconstitutional under the Fourth Amendment as a physical intrusion into private premises and as a “ general search ” for evidence. (See Siegel v. People, 16 N Y 2d 330, 333, per Desmond, Ch. J. [dissenting]; People v. McCall, 17 N Y 2d 152, 161, per Desmond, Ch. J. [concurring]; People v. Grossman, 45 Misc 2d 557 ; cf. Stanford v. Texas, 379 U. S. 476 ; Silverman v. United States, 365 U. S. 505 .)

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1967: 119672026peak 1967 · 1

Relies on it most ⓘ

  1. Berger v. New York388 U.S. 41 (1967)

Most recent

  1. Berger v. New York388 U.S. 41 (1967)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Silverman v. United States, 365 U.S. 505 (1961) 1,029
Stanford v. Texas, 379 U.S. 476 (1965) 718
People v. Grossman, 45 Misc. 2d 557 (N.Y. Sup. Ct. 1965) 11

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