People v. Santiago

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.”2 Of similar fundamental constitutional nature is liberty of the press. Congress “shall make no law * * * abridging the freedom * * * of the press;”3 the New York State Legislature is constitutionally…