Daily News, L. P. v. Teresi
Opinion of the Court
Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506 [b] [1]) to review a determination of respondent which denied petitioner’s application in a criminal action for an order authorizing public access to materials received in evidence during the trial of the action.
This Court has previously observed that, “ ‘[i]t is a fundamental principle of our jurisprudence that the power of a court to declare the law arises out of, and is limited to, determining the rights of persons which are actually controverted in a particular case pending before the tribunal’ ” (Matter of Clear Channel Communications v Rosen, 263 AD2d 663, 664, quoting Matter of Hearst Corp. v Clyne, 50 NY2d 707, 713; see, Matter of Schulz v State of New York, 200 AD2d 936, 937, appeal dismissed 83 NY2d 905; Matter of Schulz v State of New York, 182 AD2d 3, 4-5, appeal dismissed 80 NY2d 924, lv denied 80 NY2d 761). The instant proceeding no longer presents a live controversy. It became moot when, following the acquittals of the criminal defendants and the return of the trial exhibits to the parties, respondent exempted the exhibits from his sealing order (see, CPL 160.50), effectively terminating his control over them.
The fact that this was a highly publicized and controversial criminal trial does not change this well-established right. Although this Court is mindful of the very difficult circumstances which may be presented to a Trial Justice in a high profile case and appreciates a Trial Justice’s responsibility to balance the public access rights of the media against the fair trial rights of a criminal defendant and the prosecution, existing law does not permit the blanket denial of access to documentary trial exhibits. In the event the number of actual requests for access threatens to interfere with the orderly conduct of a trial, pooling requirements may be established. Therefore, the issue presented in this case does not “present a substantial, novel question that is likely to recur yet evade review” (Matter of Saratoga Harness Racing v Corbisiero, 216 AD2d 776, 778; see, Matter of Hearst Corp. v Clyne, supra, at 714-715). In our view, since petitioners have failed to establish all three prongs of the test for the application of the exception to the mootness doctrine, the petition must be dismissed.
Mercure, Peters, Spain and Carpinello, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.
To the extent that the applications made by petitioners during the course of the trial sought nondocumentary exhibits or material not received in evidence, such requests are not now sought and are deemed waived.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.