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MATTER OF NEW YORK POST CORP. v. LEIBOWITZ

286 A.D. 760 (1955)

In the Matter of New York Post Corporation, Appellant, v. Samuel S. Leibowitz, as a Judge of The County Court, Kings County, et al., Respondents

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

December 19, 1955.

Attorney(s) appearing for the Case

M. Marvin Berger for appellant.

Harold W. Wolfram for Samuel S. Leibowitz, as a judge of the Kings County Court, respondent.

Samuel Bader for Sidney Strimpel, as a stenographer of the Kings County Court, respondent.

Harold L. Cross for American Society of Newspaper Editors, amicus curiæ.

E. Douglas Hamilton for New York Herald Tribune, Inc., amicus curiæ.

Robert Daru for New York Criminal and Civil Courts Bar Association, amicus curiæ.

James W. Rodgers, Andrew L. Hughes and John R. McIntosh for News Syndicate Co., Inc., amicus curiæ.

Present: WENZEL, Acting P. J., MacCRATE, BELDOCK, MURPHY and UGHETTA, JJ.

BELDOCK, J.

Respondent Leibowitz is a Judge of the County Court of Kings County. Respondent Strimpel is an official stenographer in that court.

In April, 1955, one Surrey, a New York City policeman, was being tried before respondent Leibowitz and a jury on a charge of first degree manslaughter as the result of the killing of a fifteen-year-old boy. The public...

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