OPINION OF THE COURT
Memorandum.
The order of County Court should be reversed and defendant’s motion to suppress tapes of his telephone conversations with complainant denied.
Defendant, Postmaster of the Germantown Post Office, was charged in Town Court with violation of subdivision 1 of section 240.30 of the Penal Law, aggravated harassment, in that he attempted to communicate by telephone with another person, with the intent to harass, annoy, threaten or alarm her. The charge arises out of a series of telephone calls made by defendant to a coemployee at the
County Court affirmed the Town Court’s order.
We now reverse. It is not unlawful to eavesdrop on telephone conversations with the consent of one of the parties to the conversation (Penal Law, § 250.00; CPL 700.05, subd 3; Rathbun v United States, 355 US 107), nor is the tape recording evidence in this case to be excluded because the consenting party, who was a government employee, may have acted contrary to the rules of her employer (see United States v Caceres, 440 US 741).
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur in memorandum.
Order reversed, etc.