Matter of Harlem Check Cashing Corp. v. Bell

We are not persuaded that we are constrained by the decision in Weiss v. United States (308 U. S. 321) to condemn as illegal the disclosure and divulgence, by use in evidence, of the intercepted messages which were recorded by tapping wires in accordance with the statutes of the State as expressly authorized by the Constitution of the State (N. Y. Const., art. I, § 12; Code Crim. Pro., § 813-a). That case dealt with intercepted telephone messages procured without a court order and in violation of the laws of this State (Penal Law, § 1423, subd. 6) by a police officer acting under instructions…