A judge disclosed for the first time that the artist known for his Barack Obama “HOPE’’ image is under criminal investigation. A grand jury began an investigation after Shepard Fairey said he erred about which Associated Press photo he used as the basis for “HOPE’’ and had submitted false images and deleted other images to conceal his mistake. The disclosure came during a hearing yesterday regarding Fairey’s request for a six-month delay in the copyright case he brought against the AP. Judge Alvin Hellerstein denied the request, saying a delay would cause the AP irreparable damage, but said that Fairey can refuse to answer questions because of the criminal investigation.
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