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LA ROCCA v. LANE

37 N.Y.2d 575 (1975)

Vincent La Rocca, Appellant, v. Morgan Lane, as Judge of the Criminal Court of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided October 23, 1975.

Attorney(s) appearing for the Case

Eric A. Seiff, William Gallagher, Freda S. Nisnewitz and John E. H. Stackhouse for appellant.

Louis J. Lefkowitz, Attorney-General (Robert S. Hammer and Samuel A. Hirshowitz of counsel), for respondent.

Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur with Chief Judge BREITEL; Judge GABRIELLI dissents and votes to reverse in a memorandum.

Chief Judge BREITEL.

This is a proceeding brought to prohibit respondent, a Judge in the Criminal Court, from requiring petitioner, a Roman Catholic priest, to change his clerical garb before appearing as defense counsel in a criminal jury trial. Special Term granted the petition and prohibited the Presiding Judge from enforcing his order. The Appellate Division reversed, one Justice dissenting, and dismissed...

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