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MTR. OF NEW YORK POST CORP. v. LEIBOWITZ

2 N.Y.2d 677 (1957)

In the Matter of New York Post Corporation, Appellant, v. Samuel S. Leibowitz, as a Judge of the County Court, Kings County, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 16, 1957.

Attorney(s) appearing for the Case

M. Marvin Berger for appellant.

Harold L. Cross for American Society of Newspaper Editors, amicus curiæ, in support of appellant's position.

E. Douglas Hamilton and Burton K. Farber for New York Herald Tribune, Inc., amicus curiæ, in support of appellant's position.

James W. Rodgers and Andrew L. Hughes for News Syndicate Co., Inc., amicus curiæ, in support of appellant's position.

Harold W. Wolfram for Samuel S. Leibowitz, as a Judge of the Kings County Court, respondent.

Samuel Bader for Sidney Strimpel, as a stenographer of the Kings County Court, respondent.

DESMOND, VAN VOORHIS and BURKE, JJ., concur with FULD, J.; CONWAY, Ch. J., concurs in result in a separate memorandum; FROESSEL, J., concurs for reversal in a separate opinion in which DYE, J., concurs.

FULD, J.

After the acquittal of a defendant in a criminal case, a newspaper reporter sought to obtain a transcript of the trial judge's charge to the jury. His request refused, his employer brought this proceeding to effect its delivery. The courts below dismissed the petition initiating the proceeding and we granted leave to appeal because of the importance of the questions presented.

In 1955, a probationary...

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