Hearst Corp. v. Clyne
| Citation | 419 N.Y.S.2d 338,71 A.D.2d 966 |
| Parties | In the Matter of HEARST CORPORATION et al., Petitioners, v. John J. CLYNE, as Judge of the County Court of Albany County, et al., Respondents. |
| Decision Date | 09 August 1979 |
| Court | New York Supreme Court Appellate Division |
O'Connell & Aronowitz, P. C., Albany (Peter L. Danziger, Albany, of counsel), for petitioners.
Robert G. Lyman, Albany County Atty., Albany (William J. Conboy, II, Asst. County Atty., Albany, of counsel), for respondent Clyne.
Sol Greenberg, Albany County Dist. Atty., Albany (George H. Barber, Albany, of counsel), for respondents.
Before GREENBLOTT, J. P., and SWEENEY, STALEY, MIKOLL and HERLIHY, JJ.
Proceeding pursuant to CPLR article 78 () to declare illegal the closing of the courtroom to the press by respondents, without a hearing, during the entry of a guilty plea by defendant Marathon in the case of The People of the State of New York v. Alexander Marathon and William DuBray, and to enjoin respondents from granting such closure orders in the future without a hearing.
In September 1978, Alexander Marathon and William DuBray were jointly indicated by the Grand Jury of Albany County and charged with the crimes of robbery in the first degree, burglary in the first degree and grand larceny in the second degree. On March 1, 1979, a suppression hearing was commenced before Judge Clyne, who, on March 5, 1979, granted a motion by the attorney for defendant Marathon to close the courtroom to the public during the suppression hearing. On March 7, 1979, during the suppression hearing and while the courtroom doors were still locked, defendant Marathon elected to change his plea to guilty to the crime of robbery in the first degree in satisfaction of the three-count indictment.
Petitioner Armstrong, a reporter for the Albany Times Union, claims that she had been reporting some of the events of the case. She apparently knew that the suppression hearing was closed to the public and press, but on March 7, 1979, upon learning that defendant Marathon was about to enter a guilty plea, she unsuccessfully attempted to gain entry to the courtroom. It should be noted that Judge Clyne was not advised of this. Thereafter, she approached Judge Clyne for an explanation of his closure order and was told that the defendant Marathon had pleaded guilty to first degree robbery. The Judge explained that after the defendant Marathon had pleaded...
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Hearst Corp. v. Clyne
...such closures in the future unless members of the press are afforded an opportunity to be heard. The Appellate Division, 71 A.2d 966, 419 N.Y.S.2d 338 concluded that the closure was a proper exercise of the trial court's discretion and dismissed the petition. appealed. We conclude that the ......
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People v. Marathon
...days later. This court, concluding that the closure was a proper exercise of discretion, dismissed the petition (Matter of Hearst Corp. v. Clyne, 71 A.D.2d 966, 419 N.Y.S.2d 338). The Court of Appeals reversed and remitted to this court for dismissal, holding that the case was moot and that......