MTR. OF BLAND v. SUPREME CT., N. Y.


20 N.Y.2d 552 (1967)

In the Matter of Roy Bland, Appellant, v. Supreme Court, County of New York, et al., Respondents. In the Matter of William Murray, Appellant, v. Supreme Court, County of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 29, 1967.


Attorney(s) appearing for the Case

Steven D. Slepian and Anthony F. Marra for Roy Bland, appellant.

Philip Gelfand for William Murray, appellant.

Frank S. Hogan, District Attorney (Robert D. MacLachlan, Jr., and H. Richard Uviller of counsel), for respondents.

Judges SCILEPPI, BERGAN and KEATING concur with Judge VAN VOORHIS; Judge BREITEL dissents and votes to remit to the Appellate Division in a separate opinion in which Chief Judge FULD and Judge BURKE concur.


VAN VOORHIS, J.

The petitioners appeal, on constitutional grounds, from orders of the Appellate Division, First Department, which unanimously denied their applications for orders prohibiting the Supreme Court, New York County, and the District Attorney of New York County from proceeding against the petitioners under an indictment.

The petitioners were charged...

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