CAPITAL NEWS v. MOYNIHAN


71 N.Y.2d 263 (1988)

In the Matter of Capital Newspapers Division of the Hearst Corporation, Respondent, v. G. Thomas Moynihan, as Acting Judge of County Court of Saratoga County, Appellant, et al., Respondent. In the Matter of Capital Newspapers Division of the Hearst Corporation, Respondent, v. John G. Turner, Jr., as Judge of the County Court of the County of Albany, Appellant, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 4, 1988.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Martin A. Hotvet, O. Peter Sherwood and Peter H. Schiff of counsel), for appellants.

Thomas F. Gleason, Peter L. Danziger and James E. Girvin for Capital Newspapers Division of the Hearst Corporation, respondent.

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


KAYE, J.

The youthful offender law (CPL art 720) does not vest courts with discretion to conduct private sentencing proceedings in felony cases. Those proceedings, as all court sittings, are presumptively open to the public and the press. We therefore affirm the Appellate Division judgment which — in a manslaughter case and an arson case — declared illegal...

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