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  5. 43 N.Y.2d 229 (1977)
 

BRITO v. ROSS

43 N.Y.2d 229 (1977)

Hector Brito et al., Respondents, v. David Ross, as a Justice of the Supreme Court of the State of New York and as Administrative Justice of the Criminal Court of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided November 22, 1977.

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Leonard Koerner, L. Kevin Sheridan and Edward J. Schwarz of counsel), for appellants.

Donald H. Zeigler, William J. Gallagher and Donald L. Doernberg for respondents.

Chief Judge BREITEL and Judges GABRIELLI, JONES, FUCHSBERG and COOKE concur with Judge WACHTLER; Judge JASEN concurs in part and dissents in part and votes to reverse and dismiss the petition with prejudice in a separate opinion.

WACHTLER, J.

The question in this article 78 proceeding is whether the detention facilities at the New York City Criminal Court building in Manhattan adequately provide "for the separation of * * * youthful and less hardened offenders from older or more hardened offenders" as required by section 88 of the New York City Criminal Court Act. The current practice at the...

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