Capital Newspapers Division of Hearst Corp. v. Clyne

Proceeding pursuant to CPLR article 78 (brought on in this court [CPLR 506, subd (b), par 1]) to declare unlawful the holding of a closed Sandoval hearing conducted during a criminal trial, without affording petitioners an opportunity to be heard in opposition. During the July, 1980 term of the Albany County Court, the trial of James Bowles commenced with the Honorable John J. Clyne presiding. Bowles was charged with the crime of murder in the second degree in connection with the beating death of his wife. After the prosecution had rested, Judge Clyne is alleged to have requested petitioner…