Kunstler v. Galliga

168 A.D.2d 146 (App. Div. 1991)

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Nature of the Case

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Facts

Yusef Salaam was convicted, after a jury trial of the crimes of rape in the first degree, assault in the first degree, robbery in the first degree, riot in the first degree, and assault in the second degree. Justice Galligan sentenced Salaam, consecutively on the designated felonies as a juvenile offender, to an indeterminate prison term of 5 to 10 years. D moved to vacate the conviction, on the ground that, during his trial, a juror read press accounts of that trial and informed his fellow jurors about them. D also submitted a supplemental affirmation, in support of the motion, requesting Justice Galligan to recuse himself from considering the motion. The motion was called and Galligan immediately denied it, that no hearing would be directed on same, and a copy of the motion decision would be available at the end of the day. D called this outrageous and contrary to law. Galligan stated he would not hear oral argument and called the next case. D said, “You have exhibited what your partisanship is. You shouldn't be sitting in court. You are a disgrace to the bench.” D was held in contempt. D still expressed outrage and the court gave him an opportunity to be heard. D submitted the law to the court and still expressed his outrage and that the judge was violating every standard of fair play. The court held D in contempt and fined him $250 or 30 days in jail. Galligan issues a written judgment. D appealed with a petition to annul the summary criminal contempt.