BREITBART v. GALLIGAN


135 A.D.2d 323 (1988)

In the Matter of David Breitbart, Petitioner, v. Thomas B. Galligan, a Justice of the Supreme Court of The State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 10, 1988


Attorney(s) appearing for the Case

Robert Koppelman for petitioner.

Caren S. Brutten of counsel (Robert Abrams, Attorney-General, attorney), for respondent.

Richard Ware Levitt for New York Criminal Bar Association, amicus curiae.

SANDLER, J. P., ROSS, ASCH, KASSAL and ELLERIN, JJ., concur.


Per Curiam.

On April 15, 1987, respondent Justice summarily held petitioner in contempt and deferred further action thereon until the conclusion of the trial. The adjudication of contempt resulted from a colloquy in which petitioner, 1 of 3 attorneys representing codefendants in a homicide trial, intemperately asserted that respondent was improperly holding ex parte conferences with the prosecutor, "planning the trial",...

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