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MTR HERALD CO. v. MARIANI

107 A.D.2d 454 (1985)

In the Matter of Herald Company, Inc., Respondent, v. Louis H. Mariani, as City Judge of The City of Syracuse, Respondent, and District Attorney of Onondaga County, Appellant

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

April 5, 1985

Attorney(s) appearing for the Case

Richard A. Hennessy, Jr., District Attorney (John A. Cirando and Michael P. Marmor of counsel), appellant pro se.

Bond, Schoeneck & King (S. Paul Battaglia of counsel), for Herald Company, Inc., respondent.

Robert Abrams, Attorney-General (Charles Corcoran, Jr., of counsel), for Louis H. Mariani, respondent.

DILLON, P. J., BOOMER, O'DONNELL and SCHNEPP, JJ., concur.

GREEN, J.

The issue on this appeal is one of first impression. We are asked to decide whether a newspaper is entitled to a redacted transcript of a rape victim's preliminary hearing testimony in a case that was transferred to Family Court. Respondent City Court Judge Mariani, who presided over the preliminary hearing, closed the courtroom during the victim's testimony and denied the newspaper's request for the transcript, agreeing with

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