The following excerpt is from People v. Gibson, 23 N.Y.2d 618, 246 N.E.2d 349, 298 N.Y.S.2d 496 (N.Y. 1969):
[23 N.Y.2d 620] Such transmission of a conversation by one party to it, to be heard by persons not present, has been held in circumstances quite like those involved here not to violate the right of privacy protected by the Fourth Amendment (On Lee v. United States, 343 U.S. 747, 72 S.Ct. 967, 96 L.Ed. 1270).
The use of a tape recorder by a party to a conversation to preserve the exact conversation and provide for its re-enactment, rather than a contemporaneous transmittal, has likewise been held not to violate the constitutional rights of the accused (Lopez v. United States, 373 U.S. 427, 83 S.Ct. 1381, 10 L.Ed.2d 462; see, also, Osborn v. United States, 385 U.S. 323, 87 S.Ct. 429, 17 L.Ed.2d 394, which rested on Lopez).
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