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BELLAMY v. JUDGES, CRIM. COURT

41 A.D.2d 196 (1973)

John Bellamy et al., on Behalf of Themselves and Other Persons Similarly Situated, Plaintiffs, v. Judges and Justices Authorized to Sit in the New York City Criminal Court and the New York State Supreme Court in New York County, et al., Defendants

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

April 3, 1973.

Attorney(s) appearing for the Case

Robert Kasanof of counsel (Samuel H. Dawson, Robert H. Hermann, Linda Hupp and Harold J. Pokel with him on the brief; Legal Aid Society), for plaintiffs.

Amy Juviler of counsel (Jerold Probst with him on the brief; Louis J. Lefkowitz, Attorney-General), for defendant Judges except James J. Leff.

Lewis R. Friedman of counsel (Robert A. Goldschlag with him on the brief), for Frank S. Hogan, District Attorney.

James J. Leff, defendant in person.

John S. Allee of counsel (Asa D. Sokolow, Richard Wyle, W. Kirkland Taylor and Stephen M. Latimer, with him on the brief), for New York Lawyers' Committee for Civil Rights under Law, amicus curiae.

STEVENS, P. J., MARKEWICH and NUNEZ, JJ., concur with KUPFERMAN, J.; McGIVERN, J., concurs in result only.

KUPFERMAN, J.

This is an original proceeding for declaratory judgment (CPLR 3001) instituted by the named plaintiffs, who are detained while facing criminal charges in New York County, on their behalf and as a class action (CPLR 1005, subd. [a]) on behalf of those similarly situated who are clients of the Legal Aid Society, against the Judges of the Criminal Court of the City of New York, the Justices of the...

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