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MTR OF NEWSPAPERS v. LEGGETT

48 N.Y.2d 430 (1979)

In the Matter of Westchester Rockland Newspapers, Inc., Appellant, v. Russell R. Leggett, as a Judge of the Westchester County Court, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 20, 1979.

Attorney(s) appearing for the Case

Henry J. Smith, William F. Macreery and Gerald Nolan for appellant.

Robert Abrams, Attorney-General (Joseph W. Henneberry and George D. Zuckerman of counsel), for Russell R. Leggett, respondent.

Judges JASEN, JONES and MEYER concur with Judge WACHTLER; Chief Judge COOKE and Judge FUCHSBERG concur in separate concurring opinions; Judge GABRIELLI taking no part.

WACHTLER, J.

The petitioner, Westchester Rockland Newspapers, Inc., commenced this proceeding to vacate an order which excluded the public and the press from a pretrial mental competency hearing in a criminal case in which the accused was charged with rape. The order had been entered, at the request of the accused, by the respondent, Judge RUSSELL R. LEGGETT, who presided at the hearing. The Appellate Division...

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