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