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N.Y. TIMES v. STARKEY

51 A.D.2d 60 (1976)

In the Matter of The New York Times Company et al., Petitioners, v. John R. Starkey, as Justice of the Supreme Court, Respondent In the Matter of New York News Inc., Petitioner, v. John R. Starkey, as Justice of the Supreme Court, Respondent

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

January 30, 1976

Attorney(s) appearing for the Case

Cahill Gordon & Reindel (Floyd Abrams, Eugene R. Scheiman and Dean Ringel of counsel), for New York Times Company and others, petitioners.

Townley, Updike, Carter & Rodgers (Richard J. Barnes and Peter C. Gould of counsel), for New York News Inc., petitioner.

Louis J. Lefkowitz, Attorney-General (Dominick Tuminaro of counsel), for respondent.

Farrell, Diamond & Kalina (Vincent D. Farrell and Arthur L. Diamond of counsel), for New York Press Club, Inc., amicus curiae.

COHALAN, RABIN and TITONE, JJ., concur with HOPKINS, Acting P. J.; SHAPIRO, J., concurs in result with a separate opinion.

HOPKINS, Acting P. J.

The respondent, a Justice of the Supreme Court, Kings County, is presiding at a criminal trial which commenced on January 13, 1976. The defendant Carson, and five codefendants, are on trial, charged with the alleged murder of one Philip Williams on May 23, 1973. The defendants are also charged with kidnapping, robbery and burglary. On January 13...

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