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KUNSTLER v. GALLIGAN

168 A.D.2d 146 (1991)

In the Matter of William M. Kunstler, Petitioner, v. Thomas B. Galligan, as 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.

June 18, 1991

Attorney(s) appearing for the Case

Morton Stavis of counsel (Arthur Kinoy and Ronald L. Kuby, attorneys), for petitioner.

Lisa M. Evans of counsel (Robert Abrams, Attorney-General, attorney), for respondent.

David L. Lewis for National Association of Criminal Defense Lawyers, amicus curiae.

Richard A. Greenberg of counsel (Newman & Schwartz, attorneys), for New York Criminal Bar Association.

Joshua L. Dratel for New York State Association of Criminal Defense Attorneys, amicus curiae.

SULLIVAN, J. P., KUPFERMAN, ROSS and SMITH, JJ., concur in a Per Curiam opinion; WALLACH, J., dissents in a separate opinion.

Per Curiam.

On August 18, 1990, Mr. Yusef Salaam was convicted, after a jury trial of the crimes of rape in the first degree (Penal Law § 130.35 [1]), assault in the first degree (Penal Law § 120.10 [3]), robbery in the first degree (Penal Law § 160.15 [3]), riot in the first degree (Penal Law § 240.06), and assault in the second degree (Penal Law § 120.05 [2], [6]) (3 counts), in the Supreme Court...

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