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Pugach v. Klein

United States District Court for the Southern District of New York
193 F. Supp. 630 (S.D.N.Y. 1961)


Facts

Agents of the New York City police and the Bronx county prosecutor’s office obtained an order from the state Supreme Court authorizing wiretapping of Pugach’s telephone conversations, which led to his arrest and indictment. Pugach petitioned for a writ of mandamus to compel the federal district attorney to prosecute a police officer, assistant district attorney, and a county judge because the wiretapping violated the Federal Communications Act, although it complied with New York state law. Pugach also accused the county judge of “aiding and abetting, resisting arrest, withholding evidence, and remaining a fugitive.”

Rule of Law

Issue

Holding and Reasoning (MacMahon, J.)

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