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MTR. OF MEROLA v. BELL

68 A.D.2d 24 (1979)

In the Matter of Mario Merola, on Behalf of the People of The State of New York, Petitioner, v. Howard E. Bell, as a Justice of the Supreme Court of The State of New York, et al., Respondents In the Matter of New York News, Inc., Petitioner, v. Howard E. Bell, as a Justice of the Supreme Court of The State of New York, et al., Respondents

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

May 10, 1979

Attorney(s) appearing for the Case

Alan D. Marrus of counsel for Mario Merola, petitioner.

Robert J. Schack of counsel (George D. Zuckerman with him on the brief; Robert Abrams, Attorney-General), for Howard E. Bell, respondent.

Stanley Green for Robert Davis, respondent.

Rudolph W. Giuliani of counsel (Robert D. Sack, Kenneth A. Caruso and Frederick D. Friedman with him on the brief; Patterson, Belknap, Webb & Tyler, attorneys), for New York News, Inc., petitioner.

SANDLER, J. P., and LUPIANO, J., concur with SULLIVAN, J., in separate opinions; SILVERMAN and ROSS JJ., dissent in an opinion by SILVERMAN, J.

SULLIVAN, J.

On September 19, 1978, John Hernandez was shot and killed on a subway platform in The Bronx, after he had been followed off a train by three youths who were haranguing him and demanding money. Three hours later defendant, Robert Davis, 13 years of age, was picked up by the police as a suspected runaway. During questioning he told a confused story about being a witness to a shooting. He was released...

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