PEOPLE v. METICHECCIA

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 F.2d 642; United States v Clegg, 509 F.2d 605; United States v Baxter, 492 F.2d 150; Korman v United States, 486 F.2d 926; People v Stewart, 73 Misc.2d 399).

Concur: FARLEY, P.J., PITTONI and SILBERMAN, JJ.