MATTER OF CAPITAL NEWSPAPERS DIV. OF THE HEARST CORP. v. CLYNE


56 N.Y.2d 870 (1982)

In the Matter of Capital Newspapers Division of the Hearst Corporation et al., Appellants, v. John J. Clyne, Individually and as Judge of the County Court of the County of Albany, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 10, 1982.


Attorney(s) appearing for the Case

Peter L. Danziger and Thomas F. Gleason for appellants.

Robert G. Lyman, County Attorney (William J. Conboy, II, of counsel), for John J. Clyne, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The judgment of the Appellate Division should be reversed, without costs, and the case remitted to that court for entry of a judgment declaring that it was error for the trial court not to have conducted a preliminary inquiry before deciding to exclude petitioner's reporter from the hearing.

In midtrial of a criminal action the trial court granted the defendant's application for a separate hearing under...

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