People v. Meticheccia , 1977 N.Y. Misc. LEXIS 2254 ( 1977 )

Memorandum. Order is unanimously reversed on the law, motion to suppress denied and matter remanded for trial.

Since a pen register does not "intercept communication”, its use does not require prior judicial approval (United States v Auler, 539 F2d 642; United States v Clegg, 509 F2d 605; United States v Baxter, 492 F2d 150; Korman v United States, 486 F2d 926; People v Stewart, 73 Misc 2d 399).

Concur: Farley, P. J., Pittoni and Silberman, JJ.