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.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued November 16, 1953.
Decided December 31, 1954
Attorney(s) appearing for the Case
Thomas A. Diskin, Harry H. Van Aken, C. Coudert Nast and William E. Flannery for United Press Associations, appellant.
E. Douglas Hamilton, Stanley D. Brown and John G. McCarthy for New York Herald Tribune, Inc., appellant.
Charles Henry and Harvey L. Lipton for Hearst Corporation and another, appellants.
J. Howard Carter, James W. Rodgers, John R. Schoemer, Jr., and Andrew L. Hughes for News Syndicate Co., Inc., appellant.
M. Marvin Berger for New York Post Corporation, appellant.
Charles Ballon, Howard M. Squadron and Jacob M. Usadi for New York Civil Liberties Union, amicus curiæ, in support of appellants' position.
Frank S. Hogan, District Attorney (Richard G. Denzer, Charles W. Manning and Stuart G. Schwartz of counsel), for respondent.
LEWIS, Ch. J., and CONWAY, J., concur with FULD, J.; DESMOND, J., concurs in result in a separate opinion; FROESSEL, J., dissents in an opinion in which DYE, J., concurs; VAN VOORHIS, J., taking no part.
Court of Appeals of the State of New York.
FULD, J.
Decision in this case has been held up for some months to permit the appeal in People v. Jelke to reach us and be argued; it has now been heard and, indeed, decided today. Both that case and this one involve the order made by Judge VALENTE excluding the general public and the press from the courtroom during a large part of the trial.
In People v. Jelke (308 N.Y. 56...
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