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POUGHKEEPSIE v. ROSENBLATT

92 A.D.2d 232 (1983)

In the Matter of Poughkeepsie Newspapers, Inc., Petitioner, v. Albert M. Rosenblatt, a Justice of The Supreme Court, et al., Respondents

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

March 14, 1983

Attorney(s) appearing for the Case

Van De Water & Van De Water (James E. Nelson of counsel), for petitioner.

William M. Kunstler and Mark B. Gombiner for Lemuel Smith, respondent.

William Stanton, Special District Attorney (B. Anthony Morosco of counsel), respondent pro se.

Robert Abrams, Attorney-General (Bridget Farrell of counsel), for Albert M. Rosenblatt, respondent.

MOLLEN, P. J., TITONE, MANGANO, BROWN and RUBIN, JJ., concur.

Per Curiam.

In this proceeding, brought pursuant to CPLR article 78, the petitioner Poughkeepsie Newspapers, Inc. challenges an order of the respondent Justice excluding the public from a hearing conducted to determine the admissibility of certain evidence in the trial of defendant Lemuel Smith. The issues raised require this court to strike a balance between the First Amendment's guarantee of freedom of the press...

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