The state’s shield law supports refusing to recognize a Colorado court’s petition for a subpoena, the New York Court of Appeals ruled, 4 to 3.

Lawyers for the suspect, James Holmes, wanted New York-based reporter Jana Winter brought to Colorado to name two law officers who told her Holmes had mailed a notebook depicting violence to a psychiatrist. They argued that the sources violated a judge’s gag order, may have lied under oath about that and they won’t be credible as trial witnesses.

“There is a substantial likelihood that a New York reporter will be compelled to divulge the identity of a confidential source (or face a contempt sanction) if required to appear in the other jurisdiction – a result that would offend the core protections of the shield law, a New York public policy of the highest order,” the court said in overturning a mid-level appeals court’s decision supporting the subpoena.

One dissenting judge said New York’s law does not protect Winter because the privileged communications with her sources took place in another state.

Winter’s attorney welcomed the ruling.

“We are absolutely thrilled and delighted that New York state’s highest court has once again reaffirmed how important the protection of confidential sources is to the proper functioning of our society,” said the attorney, Dori Hanswirth.

Hanswirth said she did not know whether Holmes’ attorneys would appeal to federal court but said a federal judge would have no jurisdiction.

“This case is over as far as Jana Winter,” Hanswirth said. “She does not have to appear in Colorado again and she will not appear.”

Fox News Chairman and CEO Roger Ailes described the decision as “a major win for all journalists,” adding that the “protection of Jana Winter’s confidential sources was necessary for the survival of journalism and democracy as a whole.”

The ruling was a defeat for Holmes’ lawyers, who said Winter’s sources had violated the gag order. The defense wanted Winter to identify the sources so Arapahoe County District Judge Carlos A. Samour Jr. in Colorado could somehow punish them.