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MATTER OF KATZ v. MURTAGH

28 N.Y.2d 234 (1971)

In the Matter of Alvin Katz, Appellant, v. John Murtagh, as Supreme Court Justice, New York County, Respondent.

Court of Appeals of the State of New York.

Decided April 8, 1971.

Attorney(s) appearing for the Case

Paul G. Chevigny for appellant.

Frank S. Hogan, District Attorney (Bennett L. Gershman and Michael R. Juviler of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, JASEN and GIBSON concur.

BREITEL, J.

On February 19, 1970, petitioner, an otherwise uninvolved spectator at a pretrial hearing in the so-called Black Panther criminal prosecution in New York County (People v. Shakur, et al.), joined the audience in rising, when defendants entered the courtroom, and raised his arm in "defiant salute" while others shouted "All power to the people." This followed a caution given to the audience...

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