PEOPLE v. POST STD. CO.


13 N.Y.2d 185 (1963)

The People of the State of New York, Respondent, v. Post Standard Company et al., Appellants.

Court of Appeals of the State of New York.

Decided November 21, 1963.


Attorney(s) appearing for the Case

John C. Kinney and Thomas R. Newman for appellants.

Joseph A. Ryan, District Attorney (Helen B. Norem of counsel), for respondent.

Arthur B. Hanson, Calvin H. Cobb, Jr., and Emmett E. Tucker, Jr., for American Newspaper Publishers Association, amicus curiæ.

Judges FULD, BURKE and SCILEPPI concur with Judge FOSTER; Chief Judge DESMOND dissents and votes to affirm in an opinion in which Judges DYE and VAN VOORHIS concur.


FOSTER, J.

The corporate defendant, publisher of a daily newspaper in the City of Syracuse, New York, and its individual employees, have been indicted for the crime of contempt of court in violation of subdivision 7 of section 600 of the Penal Law for falsely publishing an alleged statement made by a person in a judicial proceeding before the County Judge of Onondaga County. The County Court sustained a demurrer...

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