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CAPITAL NEWSPAPERS v. BROWN

75 A.D.2d 218 (1980)

In the Matter of Capital Newspapers Group of the Hearst Corporation et al., Petitioners, v. Loren Brown, as Judge of The Saratoga County Court, et al., Respondents

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

June 26, 1980

Attorney(s) appearing for the Case

O'Connell & Aronowitz, P. C. (Peter L. Danziger of counsel), for petitioners.

Robert Abrams, Attorney-General (Joseph J. Micare, Shirley Adelson Siegel and Jeremiah Jochnowitz of counsel), for Loren Brown, respondent.

Le Roy T. Walbridge, Assistant County Attorney, for David Wait, respondent.

GREENBLOTT, MAIN and MIKOLL, JJ., concur with MAHONEY, P. J.; HERLIHY, J., concurs in a separate opinion.

MAHONEY, P. J.

The petitioners, Capital Newspapers Group of the Hearst Corporation and two reporters in its employ, commenced this proceeding to vacate an order which excluded the public and press from a motion hearing in a criminal case in Saratoga County in which the accused was charged with murder and robbery. Petitioners claim the order violated their right to hear and report matters of public interest and...

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