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PEOPLE v. SANTIAGO

185 Misc.2d 138 (2000)

712 N.Y.S.2d 244

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JOSÉ J. SANTIAGO, Defendant. WOKR-TV et al., Proposed Intervenors.

County Court, Monroe County.

May 5, 2000.

Attorney(s) appearing for the Case

Underberg & Kessler, L. L. P. (Sharon P. Stiller and Paul F. Keneally of counsel), for proposed intervenors.

Nixon Peabody L. L. P. (Richard D. Rochford, Jr., of counsel), for Gannett Co., Inc., proposed intervenor.

Howard R. Relin, District Attorney of Monroe County (Richard A. Keenan, Kenneth Hyland and Wendy Evans Lehmann of counsel), for plaintiff.

Kevin M. Doyle, Capital Defender (Thomas J. Kidera, Patricia J. Warth and William T. Easton of counsel), for defendant.

OPINION OF THE COURT

WILLIAM H. BRISTOL, J.

Introduction

Fundamental to our criminal justice system is the constitutionally protected right of a defendant to a fair trial.1 "[U]nbroken, uncontradicted history, supported by reasons as valid today as in centuries past," binds courts "to conclude that a presumption of openness inheres in the very nature of a criminal trial under our system of justice."

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