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MATTER OF WOOD v. HUGHES

9 N.Y.2d 144 (1961)

In the Matter of James F. Wood, Individually and as Foreman of the May, 1959 Term of the Grand Jury for the County of Schenectady, Appellant, v. Charles M. Hughes, as Justice of the Supreme Court of the Fourth Judicial District of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided February 23, 1961.

Attorney(s) appearing for the Case

Morris Marshall Cohn, District Attorney, for appellant.

Louis J. Lefkowitz, Attorney-General (Dunton F. Tynan and Paxton Blair of counsel), for respondent.

Manuel Lee Robbins for Grand Jury Association of New York County, Inc., amicus curiæ.

Judges DYE, VAN VOORHIS and FOSTER concur with Judge FULD; Chief Judge DESMOND and Judge FROESSEL dissent in separate opinions; Judge BURKE concurring in both.

FULD, J.

Although long the subject of controversy in our lower courts, this is the first time that we have had the occasion to consider whether a grand jury, whose investigation into charges of misconduct on the part of public officials uncovered no evidence warranting an indictment, may, nevertheless, present to the court for filing as a public record a report which censures and castigates their conduct in office...

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