MATTER OF UNITED PRESS ASSNS. v. VALENTE


281 A.D. 395 (1953)

In the Matter of United Press Associations et al., Appellants, v. Francis L. Valente, Individually and as Judge of the Court of General Sessions of The County of New York, Respondent

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

March 13, 1953.


Attorney(s) appearing for the Case

J. Howard Carter of counsel (James W. Rodgers, John R. Schoemer, Jr., and Andrew L. Hughes with him on the brief; Townley, Updike & Carter, attorneys), for News Syndicate Co., Inc., appellant.

E. Douglas Hamilton of counsel (Brown, Cross & Hamilton, attorneys), for New York Herald Tribune, Inc., appellant.

M. Marvin Berger for New York Post Corp., appellant.

Thomas A. Diskin of counsel (Harry H. Van Aken, C. Coudert Nast and William E. Flannery with him on the brief; De Witt, Van Aken & Nast, attorneys; Baker, Hostetler & Patterson of counsel), for United Press Associations, appellant.

Charles Henry for Hearst Consolidated Publications, Inc., and another, appellants.

Frank S. Hogan, District Attorney (Richard G. Denzer, Charles W. Manning and Stuart G. Swartz of counsel), for respondent.

Charles Ballon (Howard M. Squadron and Jacob M. Usadi with him on the brief), for New York Civil Liberties Union, amicus curiæ.

DORE and CALLAHAN, JJ., concur with VAN VOORHIS, J.; PECK, P. J., and BERGAN, J., dissent and vote to reverse, in opinion.


VAN VOORHIS, J.

Minot F. Jelke has been convicted in the Court of General Sessions of conspiracy to commit acts injurious to public morals under section 580 of the Penal Law, and of being a male person living on the proceeds of prostitution under section 1148 of the Penal Law. This appeal is not from any order or judgment rendered in the Jelke trial. He is not a party to this proceeding, which was instituted under...

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