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NEWSPAPERS v. MOYNIHAN

125 A.D.2d 34 (1987)

In the Matter of Capital Newspapers Division of the Hearst Corporation, Petitioner, v. G. Thomas Moynihan, as Acting Judge of County Court of Saratoga County, et al., Respondents. (Proceeding No. 1.) In the Matter of Capital Newspapers Division of the Hearst Corporation, Petitioner, v. John G. Turner, Jr., as Judge of The County Court of the County of Albany, et al., Respondents. (Proceeding No. 2.)

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

February 19, 1987

Attorney(s) appearing for the Case

O'Connell & Aronowitz (Thomas F. Gleason, Peter L. Danziger and James E. Girvin of counsel), for petitioner.

Robert Abrams, Attorney-General (Martin A. Hotvet and Nancy A. Spiegel of counsel), for G. Thomas Moynihan and another, respondents.

Rutnik & Rutnik (James E. Banagan of counsel), for Arianne P. Damascos, respondent.

KANE and HARVEY, JJ., concur with MIKOLL, J.; MAHONEY, P. J., and WEISS, J., dissent in an opinion by MAHONEY, P. J.

MIKOLL, J.

Proceeding No. 1 involves Dawn Cruickshank, who was convicted of manslaughter in the first degree. She was sentenced to 2 1/3 to 7 years' imprisonment. This court vacated the conviction and, as a matter of discretion, found Cruickshank to be a youthful offender. The case was remitted to the County Court of Saratoga County to "fix a reasonable definite term of incarceration along with a probationary...

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