Legal Opinion
Di Orio v. Murphy
Appellate Division of the Supreme Court of the State of New York
Decided February 27, 1964PublishedCited by 1 opinion
1Opinion of the Court
Determination unanimously annulled, without costs, and matter remitted for further proceedings in accordance with the memorandum. Memorandum: Petitioner should have been permitted to present the proof offered by him to show that telephone conversations with his attorney concerning the charges against him were monitored by a Police Department wire tap. Such an interference with his right to private consultations with his lawyer would, if proven, constitute a denial of his right to be represented by counsel and might vitiate the hearing. (Matter of Fusco v. Moses, 304 N. Y. 424, 433; Lanza v.…
2Cases cited3 opinions
- New York Water Service Corp. v. Water Power & Control CommissionNew York Court of Appeals · 1940
- Fusco v. MosesNew York Court of Appeals · 1952
- Carroll v. HuckleAppellate Division of the Supreme Court of the State of New York · 1948
3Cited by1 opinion
- L. A. Grant Realty, Inc. v. CuomoAppellate Division of the Supreme Court of the State of New York · 1977