Legal Opinion

People v. Appelbaum

Appellate Division of the Supreme Court of the State of New York

Decided June 5, 1950Published

1Per curiam

Defendants appeal from a judgment of the County Court, Bangs County, convicting them of violating subdivision 6 of section 1423 of the Penal Law, in that they unlawfully and willfully did (a) read or copy, in an unauthorized manner, communications passing over a certain telephone line, and, as to defendants La Borde, (b) tap or make connection with a telephone line.

Subdivision 6 of section 1423 of the Penal Law, so far as pertinent, is ordinarily designed to protect the right of privacy of participants to a telephone conversation. (The Right to Privacy, Warren and Brandeis, 4 Harv. L. Rev.,…

2Cases cited7 opinions

  1. Olmstead v. United StatesSupreme Court of the United States · 1928
  2. Burdeau v. McDowellSupreme Court of the United States · 1921
  3. United States v. PolakoffCourt of Appeals for the Second Circuit · 1940
  4. Rhodes v. GrahamCourt of Appeals of Kentucky (pre-1976) · 1931
  5. Bacon v. United StatesCourt of Appeals for the Eighth Circuit · 1899

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