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ONEONTA STAR DIV v. MOGAVERO

77 A.D.2d 376 (1980)

In the Matter of Oneonta Star Division of Ottaway Newspapers, Inc., Petitioner, v. Joseph A. Mogavero, Jr., as Judge of the Otsego County Court, et al., Respondents. (And One Other Prcoeeding.)

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

December 11, 1980

Attorney(s) appearing for the Case

Becker, Card, Levy & Richards, P. C. (Rodney A. Richards of counsel), for petitioner.

Philip L. Washburn for Joseph A. Mogavero, Jr., respondent.

John H. Owen, Public Defender for Bennet G. Johnsen, respondent.

Colin E. Ingham, District Attorney, pro se (Paul W. Elkan of counsel).

MAHONEY, P. J., SWEENEY, KANE and HERLIHY, JJ., concur.

CASEY, J.

These proceedings again raise the difficult issue of whether the press and the public were properly excluded from suppression hearings held in criminal proceedings. In each of the underlying criminal proceedings, the defendant is charged with murder in the second degree, based upon a bizarre and titillating incident that occurred in a rural, sparsely populated county. The homicides have received considerable...

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