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MATTER HEARST CORP. v. CLYNE

50 N.Y.2d 707 (1980)

In the Matter of Hearst Corporation et al., Appellants, v. John J. Clyne, as Judge of the County Court of Albany County, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 3, 1980.

Attorney(s) appearing for the Case

Peter L. Danziger for appellants.

Robert G. Lyman, County Attorney (William J. Conboy, II, of counsel), for John J. Clyne, respondent.

Sol Greenberg, District Attorney (George H. Barber of counsel), for Sol Greenberg, respondent.

Robert C. Bernius for Binghamton Press Company, Inc., and others, amici curiae.

Judges JASEN, GABRIELLI, JONES and FUCHSBERG concur with Judge WACHTLER; Judge MEYER concurs in a separate opinion; Chief Judge COOKE dissents and votes to reverse in another opinion.

WACHTLER, J.

The petitioners in this article 78 proceeding are the publisher of the Albany Times-Union, a daily newspaper, and Shirley Armstrong, a reporter for that newspaper. The respondent, John J. Clyne, is a Judge of the Albany County Court.

In March of 1979 Judge CLYNE was conducting a joint suppression hearing in the criminal case of Alexander Marathon and William Du Bray, who had been indicted...

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