In an upcoming divorce trial, a Brooklyn woman may introduce e-mails surreptitiously culled from her estranged husband's e-mail account as evidence of his scheme to hide his true income, a Supreme Court judge has ruled.
Justice Jeffrey S. Sunshine said the woman's accessing of her husband's account did not constitute "eavesdropping" under New York's Penal Law and therefore does not render the e-mails inadmissible.
The decision turned on the fact that the wife looked at e-mails stored in her husband's account, rather than intercepting e-mails while they were "in transit" to him. (more)
