ASSOCIATED PRESS v. BELL


70 N.Y.2d 32 (1987)

In the Matter of The Associated Press et al., Respondents, v. Howard E. Bell, Individually and as a Justice of the Supreme Court of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 4, 1987.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Lawrence S. Kahn, O. Peter Sherwood, Andrea Green and Frederic L. Lieberman of counsel), for Howard E. Bell, appellant.

David A. Schulz, Richard N. Winfield, Thomas J. Lilly, Daniel F. Primer, David A. Thurm and Marjorie Thalheimer Coleman for The Associated Press and others, respondents.

Devereux Chatillon, Floyd Abrams, Craig A. Newman, Seth Goodchild, Sandra S. Baron, Jack R. Friedman and Laura V. Jones for National Broadcasting Company, Inc., and others, respondents.

Terrence M. Connors for National Association of Criminal Defense Lawyers, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


KAYE, J.

This appeal in a highly publicized murder case centers on the tension between the constitutional right of an accused to a fair trial and the constitutional right of the public and the press to attend the proceedings. While defendant insists that an open courtroom during a Huntley hearing will imperil his right to secure an impartial jury, we conclude — as did the Appellate Division —...

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