PEOPLE v. MAGER


25 A.D.2d 363 (1966)

The People of the State of New York, Respondent, v. Bernard Mager and Harry Molden, Appellants

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

May 9, 1966.


Attorney(s) appearing for the Case

Osmond K. Fraenkel for appellants.

Morton B. Silberman, District Attorney (Robert J. Stolarik and Orville H. Mann, Jr., of counsel), for respondent.

HILL, RABIN and BENJAMIN, JJ., concur with UGHETTA, Acting P. J.; HOPKINS, J., dissents and votes to reverse the judgments and grant a new trial, in opinion.


UGHETTA, Acting P. J.

The complainant was a member of the Rockland County Planning Board at the time some of the alleged libels were published and a member of the Rockland County Sewer Commission at the time other alleged libels were published. It is conceded that none of the libels concerned his actions as such official; all were made solely with respect to his private conduct. Thus, even if we assume that the...

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